Institutional Burials Act 2022

Principal burial land or ancillary burial land as crime scene

37. (1) Where, following a determination by a coroner of the cause of death referred to in section 36 , a direction is issued under section 5 of the Act of 2006 designating the principal burial land or ancillary burial land on which the human remains were discovered a crime scene, the member of An Garda Síochána who issues that direction shall, at the same time, direct the Director in writing to suspend the relevant works on that land for the period specified in the direction.

(2) Where a direction is issued under section 5 of the Act of 2006, that section shall apply subject to the following modifications—

(a) the reference in subsection (7) of that section to 24 hours shall be construed as a reference to 7 days,

(b) the reference in subsection (9) of that section to 48 hours shall be construed as a reference to 14 days,

(c) the reference in subsection (12)(a) of that section to the occupier of the place shall be construed as a reference to the Director,

(d) subsection (12)(b) of that section shall not apply,

(e) a reference in subsection (14) of that section to the purpose of protecting the interests of the occupier or owner of the place which is the subject of the order shall be construed as a reference to the purpose of protecting the interests of the Director in performing his or her functions in relation to the land which is the subject of the order,

(f) a reference in subsection (18) of that section to the owner or occupier of the place shall be construed as a reference to the Director, and

(g) any other necessary modifications.

(3) In this section, “Act of 2006” means the Criminal Justice Act 2006 .