Coroners

1 Appointment of coroners

(1) Coroners shall be appointed for each coroner’s district in a metropolitan county or Greater London, for each non-metropolitan county and for the City and shall be so appointed by the relevant council, that is to say—

(a) in the case of a coroner’s district consisting of or included in a metropolitan district or London borough, the council of that district or borough;

(b) in the case of a coroner’s district consisting of two or more metropolitan districts or London boroughs, such one of the councils of those districts or boroughs as may be designated by an order made by the Secretary of State by statutory instrument;

(c) in the case of a non-metropolitan county, the council of that county; and

(d) in the case of the City, the Common Council.

(2) A relevant council falling within paragraph (a) or (b) of subsection (1) above shall not appoint a coroner except with the approval of the Secretary of State; and a relevant council falling within paragraph (b) of that subsection shall not appoint a coroner except after consultation with the other council or councils in question.

(3) Subject to subsection (2) above, where a vacancy occurs in the office of coroner, the relevant council shall—

(a) immediately give notice of the vacancy to the Secretary of State;

(b) within three months of the vacancy occurring or within such further period as the Secretary of State may allow, appoint a person to that office; and

(c) immediately after making the appointment, give notice of the appointment to the Secretary of State.

2 Qualifications for appointment as coroner

(1) No person shall be qualified to be appointed as coroner unless he is a barrister, solicitor or legally qualified medical practitioner of not less than five years' standing in his profession.

(2) A person shall, so long as he is a councillor of a metropolitan district or London borough, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner’s district which consists of, includes or is included in that metropolitan district or London borough.

(3) A person shall, so long as he is an alderman or a councillor of a non-metropolitan county, and for six months after he ceases to be one, be disqualified for being a coroner for that county.

(4) A person shall, so long as he is an alderman of the City or a common councillor, and for six months after he ceases to be one, be disqualified for being a coroner for the City.

3 Terms on which coroners hold office

(1) The provisions of Schedule 1 to this Act shall have effect with respect to the payment of salaries and the grant of pensions to coroners.

(2) Except as authorised by this or any other Act, a coroner shall not take any fee or remuneration in respect of anything done by him in the execution of his office.

(3) A coroner may resign his office by giving notice in writing to the relevant council, but the resignation shall not take effect unless and until it is accepted by that council.

(4) The Lord Chancellor may, if he thinks fit, remove any coroner from office for inability or misbehaviour in the discharge of his duty.

(5) A coroner who is guilty of corruption, wilful neglect of his duty or misbehaviour in the discharge of his duty shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(6) Where a coroner is convicted of an offence under subsection (5) above, the court may, unless his office as coroner is annexed to any other office, order that he be removed from office and be disqualified for acting as coroner.

4 Coroners' districts

(1) The Secretary of State may by order divide, amalgamate or otherwise alter the coroners' districts for the time being existing in a metropolitan county or Greater London; and before making any such order, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate.

(2) The council of a non-metropolitan county may, and shall if directed to do so by the Secretary of State, after complying with such requirements as to notice and consideration of objections as may be prescribed, submit to the Secretary of State a draft order providing—

(a) for such alteration of any existing division of the county into coroners' districts as appears to them suitable; or

(b) where there is no such division, for the division of the county into such coroners' districts as they think expedient;

and the Secretary of State, after taking into consideration any objections to the draft made in the prescribed manner and within the prescribed time, may make the order, either in the terms of the draft submitted to him or with such modifications as he thinks fit.

(3) If by reason of any order under subsection (2) above it is in the opinion of the Secretary of State necessary that the number of coroners for a non-metropolitan county should be increased,

(a) the council shall appoint such number of additional coroners for that county as the Secretary of State may direct; and

(b) section 1(3) above shall apply with respect to any such appointment as if a vacancy had occurred in the office of coroner for that county.

(4) Where a non-metropolitan county is divided into coroners' districts, each of the coroners for that county shall be assigned to one of those districts; and where a non-metropolitan county is not so divided, the following provisions of this Act shall have effect as if the whole of that county were a coroner’s district.

(5) Except as provided by this Act, a coroner appointed for or assigned to a coroner’s district—

(a) shall for all purposes be regarded as a coroner for the whole administrative area which includes that district; and

(b) shall have the same jurisdiction, rights, powers and authorities throughout that area as if he had been appointed as coroner for that area or, as the case may be, had not been assigned to that district.

(6) The power to make orders under this section shall be exercisable by statutory instrument; and a statutory instrument containing an order under this section shall be laid before each House of Parliament after being made.

(7) An order under subsection (2) above shall be published in the London Gazette and particulars of any order under that subsection shall be published by the council of the non-metropolitan county in such manner as may be prescribed.

(8) In this section “prescribed” means prescribed by the Secretary of State either by general rules made by statutory instrument or by directions given as respects any particular occasion.

5 Jurisdiction of coroners

(1) Subject to subsection (3) and sections 7 and 13 to 15 below, an inquest into a death shall be held only by the coroner within whose district the body lies.

(2) Subject to subsection (3) and section 13 below, a coroner shall hold inquests only within his district.

(3) A coroner may act as coroner for another district in the same administrative area—

(a) during the illness, incapacity or unavoidable absence of the coroner for that district; or

(b) where there is a vacancy in the office of coroner for that district;

and the inquisition returned in respect of an inquest held under this subsection shall certify the cause of the coroner’s holding the inquest and shall be conclusive evidence of any matter stated in it which falls within paragraph (a) or (b) above.

Deputy coroners

6 Appointment of deputy coroners

(1) Every coroner—

(a) shall appoint as his deputy a person approved by the chairman of the relevant council; and

(b) may appoint as his assistant deputy a person so approved.

(2) A coroner may at any time revoke an appointment made under subsection (1) above; but a revocation of an appointment made under paragraph (a) of that subsection shall not take effect until the appointment of a successor to the deputy has been approved by the chairman of the relevant council.

(3) The following, namely—

(a) every appointment made under subsection (1) above; and

(b) every revocation of an appointment made under paragraph (b) of that subsection,

shall be in writing under the hand of the coroner; and a copy of every such appointment or revocation shall be sent to the relevant council and be kept with the council’s records.

(4) Subsection (1) of section 2 above shall apply in relation to the office of deputy or assistant deputy coroner as it applies in relation to the office of coroner; and subsections (2) to (4) of that section shall apply in relation to, or to persons holding, the office of deputy coroner as they apply in relation to, or to persons holding, the office of coroner.

(5) In this section “chairman”, in relation to the Common Council, means the Lord Mayor.

7 Functions of deputy coroners

(1) A deputy coroner may act for his coroner in the following cases but no others, namely—

(a) during the illness of the coroner;

(b) during the coroner’s absence for any lawful or reasonable cause; or

(c) at an inquest for the holding of which the coroner is disqualified.

(2) Where a coroner vacates office, his deputy—

(a) shall continue in office until a new deputy is appointed;

(b) shall act as coroner while the office remains vacant; and

(c) shall be entitled to receive in respect of the period of the vacancy the same remuneration as the vacating coroner.

(3) An assistant deputy coroner—

(a) may act as coroner where the deputy coroner would be entitled to act as coroner but is unable so to act owing to illness or absence for any reasonable cause; and

(b) where the coroner vacates office, may act for the deputy coroner in like manner while the office of coroner is vacant.

(4) In relation to an inquest or act which he is authorised to hold or to do, a deputy or assistant deputy to a coroner shall—

(a) have the same jurisdiction and powers;

(b) be subject to the same obligations, liabilities and disqualifications; and

(c) generally be subject to the provisions of this Act and the law relating to coroners in the same manner,

as if he were the coroner.

Inquests: general

8 Duty to hold inquest

(1) Where a coroner is informed that the body of a person (“the deceased”) is lying within his district and there is reasonable cause to suspect that the deceased—

(a) has died a violent or an unnatural death;

(b) has died a sudden death of which the cause is unknown; or

(c) has died in prison or in such a place or in such circumstances as to require an inquest under any other Act,

then, whether the cause of death arose within his district or not, the coroner shall as soon as practicable hold an inquest into the death of the deceased either with or, subject to subsection (3) below, without a jury.

(2) In the case of an inquest with a jury—

(a) the coroner shall summon by warrant not less than seven nor more than eleven persons to appear before him at a specified time and place, there to inquire as jurors into the death of the deceased; and

(b) when not less than seven jurors are assembled, they shall be sworn by or before the coroner diligently to inquire into the death of the deceased and to give a true verdict according to the evidence.

(3) If it appears to a coroner, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, that there is reason to suspect—

(a) that the death occured in prison or in such a place or in such circumstances as to require an inquest under any other Act;

(b) that the death occurred while the deceased was in police custody, or resulted from an injury caused by a police officer in the purported execution of his duty;

(c) that the death was caused by an accident, poisoning or disease notice of which is required to be given under any Act to a government department, to any inspector or other officer of a government department or to an inspector appointed under section 19 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974; or

(d) that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public or any section of the public,

he shall proceed to summon a jury in the manner required by subsection (2) above.

(4) If it appears to a coroner, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, that there is any reason for summoning a jury, he may proceed to summon a jury in the manner required by subsection (2) above.

(5) In the case of an inquest or any part of an inquest held without a jury, anything done by or before the coroner alone shall be as validly done as if it had been done by or before the coroner and a jury.

(6) Where an inquest is held into the death of a prisoner who dies within a prison, neither a prisoner in the prison nor any person engaged in any sort of trade or dealing with the prison shall serve as a juror at the inquest.

9 Qualifications of jurors

(1) A person shall not be qualified to serve as a juror at an inquest held by a coroner unless he is for the time being qualified to serve as a juror in the Crown Court, the High Court and county courts in accordance with section 1 of the [1974 c. 23.] Juries Act 1974.

(2) If a person serves on a jury knowing that he is ineligible for such service under Group A, B or C in Part I of Schedule 1 to that Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) If a person serves on a jury knowing that he is disqualified for such service under Part II of that Schedule, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) The appropriate officer may at any time put or cause to be put to any person who is summoned under section 8 above such questions as he thinks fit in order to establish whether or not the person is qualified to serve as a juror at an inquest.

(5) Where a question is put to any person under subsection (4) above, if that person—

(a) refuses without reasonable excuse to answer;

(b) gives an answer which he knows to be false in a material particular; or

(c) recklessly gives an answer which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If any person—

(a) duly summoned as a juror at an inquest makes, or causes or permits to be made on his behalf, any false representation to the coroner or the appropriate officer with the intention of evading service as such juror; or

(b) makes or causes to be made on behalf of another person who has been so summoned any false representation to the coroner or the appropriate officer with the intention of enabling that other person to evade such service,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A coroner may authorise a person to perform the functions conferred on the appropriate officer by subsection (4) above and references in this section to the appropriate officer shall be construed as references to the person so authorised.

10 Attendance of jurors and witnesses

(1) Where a person duly summoned as a juror at an inquest—

(a) does not, after being openly called three times, appear to the summons; or

(b) appears to the summons but refuses without reasonable excuse to serve as a juror,

the coroner may impose on that person a fine not exceeding £400.

(2) Where a person duly summoned to give evidence at an inquest—

(a) does not, after being openly called three times, appear to the summons; or

(b) appears to the summons but refuses without lawful excuse to answer a question put to him,

the coroner may impose on that person a fine not exceeding £400.

(3) The powers conferred upon a coroner by this section shall be in addition to and not in derogation of any other power which the coroner may possess—

(a) for compelling any person to appear and give evidence before him in any inquest or other proceeding; or

(b) for punishing any person for contempt of court in not so appearing and giving evidence;

but a person shall not be fined by the coroner under this section and also be punished under any such other power.

(4) Notwithstanding anything in the foregoing provisions of this section, a juror shall not be liable to any penalty for non-attendance on a coroner’s jury unless the summons requiring him to attend was duly served on him no later than six days before the day on which he was required to attend.

11 Proceedings at inquest

(1) It shall not be obligatory for a coroner holding an inquest into a death to view the body; and the validity of such an inquest shall not be questioned in any court on the ground that the coroner did not view the body.

(2) The coroner shall, at the first sitting of the inquest, examine on oath concerning the death all persons who tender evidence as to the facts of the death and all persons having knowledge of those facts whom he considers it expedient to examine.

(3) In the case of an inquest held with a jury, the jury shall, after hearing the evidence—

(a) give their verdict and certify it by an inquisition; and

(b) inquire of and find the particulars for the time being required by the [1953 c. 20.] Births and Deaths Registration Act 1953 (in this Act referred to as “the 1953 Act”) to be registered concerning the death.

(4) In the case of an inquest held without a jury, the coroner shall, after hearing the evidence—

(a) give his verdict and certify it by an inquisition; and

(b) inquire of and find the particulars for the time being required by the 1953 Act to be registered concerning the death.

(5) An inquisition—

(a) shall be in writing under the hand of the coroner and, in the case of an inquest held with a jury, under the hands of the jurors who concur in the verdict;

(b) shall set out, so far as such particulars have been proved—

(i) who the deceased was; and

(ii) how, when and where the deceased came by his death; and

(c) shall be in such form as the Lord Chancellor may by rules made by statutory instrument from time to time prescribe.

(6) At a coroner’s inquest into the death of a person who came by his death by murder, manslaughter or infanticide, the purpose of the proceedings shall not include the finding of any person guilty of the murder, manslaughter or infanticide; and accordingly a coroner’s inquisition shall in no case charge a person with any of those offences.

(7) Where an inquest into a death is held, the coroner shall, within five days after the finding of the inquest is given, send to the registrar of deaths a certificate under his hand—

(a) giving information concerning the death;

(b) specifying the finding with respect to the particulars which under the 1953 Act are required to be registered concerning the death and with respect to the cause of death; and

(c) specifying the time and place at which the inquest was held.

(8) In the case of an inquest into the death of a person who is proved—

(a) to have been killed on a railway; or

(b) to have died in consequence of injuries received on a railway,

the coroner shall within seven days after holding the inquest, make a return of the death, including the cause of death, to the Secretary of State in such form as he may require; and in this subsection “railway” has the same meaning as in the [1842 c. 55.] Railway Regulation Act 1842.

12 Failure of jury to agree

(1) This section applies where, in the case of an inquest held with a jury, the jury fails to agree on a verdict.

(2) If the minority consists of not more than two, the coroner may accept the verdict of the majority, and the majority shall, in that case, certify the verdict under section 11(3) above.

(3) In any other case of disagreement the coroner may discharge the jury and issue a warrant for summoning another jury and, in that case, the inquest shall proceed in all respects as if the proceedings which terminated in the disagreement had not taken place.

Inquests: special cases

13 Order to hold inquest

(1) This section applies where, on an application by or under the authority of the Attorney-General, the High Court is satisfied as respects a coroner (“the coroner concerned”) either—

(a) that he refuses or neglects to hold an inquest which ought to be held; or

(b) where an inquest has been held by him, that (whether by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, the discovery of new facts or evidence or otherwise) it is necessary or desirable in the interests of justice that another inquest should be held.

(2) The High Court may—

(a) order an inquest or, as the case may be, another inquest to be held into the death either—

(i) by the coroner concerned; or

(ii) by the coroner for another district in the same administrative area;

(b) order the coroner concerned to pay such costs of and incidental to the application as to the court may appear just; and

(c) where an inquest has been held, quash the inquisition on that inquest.

(3) In relation to an inquest held under subsection (2)(a)(ii) above, the coroner by whom it is held shall be treated for the purposes of this Act as if he were the coroner for the district of the coroner concerned.

14 Inquest out of jurisdiction

(1) If it appears to a coroner that, in the case of a body lying within his district, an inquest ought to be held into the death but it is expedient that the inquest should be held by some other coroner, he may request that coroner to assume jurisdiction to hold the inquest; and if that coroner agrees he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest.

(2) If the coroner who has been requested to assume jurisdiction declines to assume it, the coroner who has made the request may apply to the Secretary of State for a direction designating the coroner who is to hold the inquest.

(3) On the making of an application under subsection (2) above, the Secretary of State—

(a) shall determine by which coroner (whether one of the two mentioned in that subsection or another) the inquest should in all the circumstances be held; and

(b) shall direct him to assume jurisdiction or, as the case may be, to exercise his jurisdiction to hold the inquest;

and where a direction is given under this subsection directing a coroner to assume jurisdiction, he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest and shall hold it accordingly.

(4) Where jurisdiction to hold an inquest is assumed under this section, it shall not be necessary to remove the body into the district of the coroner who is to hold the inquest.