(5) Any request made or agreement given, any application for a direction and any direction under any of the foregoing provisions of this section shall be made or given in writing.
(6) Notice of the making of an application under subsection (2) above shall be given to the coroner who declined to assume jurisdiction and notice of the direction given pursuant to such an application shall be given—
(a) in a case where the direction is given to the coroner who made the application or the coroner who had notice of it, to the other coroner; and
(b) in a case where the direction is given to some other coroner, to the coroner who made the application and to the coroner who had notice of it.
(7) On the assumption by a coroner of jurisdiction to hold an inquest under this section, the coroner—
(a) shall also assume, in relation to the body and the inquest, all the powers and duties which would belong to him if the body were lying within his district (including the power to order its exhumation under section 23 below); and
(b) may exercise those powers notwithstanding that the body remains outside his district or, having been removed into it, is removed out of it by virtue of any order of his for its examination or burial.
(8) On the assumption of the powers and duties referred to in subsection (7) above by the coroner who assumes jurisdiction to hold the inquest, the coroner within whose district the body is lying shall cease to have any powers or duties in relation to the body or the inquest, notwithstanding that the body remains within his district or comes to be buried there.
(9) It shall be for the coroner who assumes, and not for the coroner who ceases to have, jurisdiction to hold an inquest under this section to pay any fees or other expenses incurred in the course of his duties by the latter coroner before he ceased to have jurisdiction; and any such fees or other expenses shall be accounted for and repaid accordingly.
(1) Where a coroner has reason to believe—
(a) that a death has occurred in or near his district in such circumstances that an inquest ought to be held; and
(b) that owing to the destruction of the body by fire or otherwise, or to the fact that the body is lying in a place from which it cannot be recovered, an inquest cannot be held except in pursuance of this section,
he may report the facts to the Secretary of State.
(2) Where a report is made under subsection (1) above, the Secretary of State may, if he considers it desirable to do so, direct a coroner (whether the coroner making the report or another) to hold an inquest into the death.
(3) Where a coroner is directed under this section to hold an inquest, the provisions of this Act and the law relating to coroners and coroners' inquests shall apply with such modifications as may be necessary in consequence of the inquest being one into the death of a person whose body does not lie within the coroner’s district.
(1) If on an inquest into a death the coroner before the conclusion of the inquest—
(a) is informed by the clerk of a magistrates' court under section 17(1) below that some person has been charged before a magistrates' court with—
(i) the murder, manslaughter or infanticide of the deceased;
(ii) an offence under section 1 of the [1972 c. 20.] Road Traffic Act 1972 (reckless driving) committed by causing the death of the deceased; or
(iii) an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of the deceased; or
(b) is informed by the Director of Public Prosecutions that some person has been charged before examining justices with an offence (whether or not involving the death of a person other than the deceased) alleged to have been committed in circumstances connected with the death of the deceased, not being an offence within paragraph (a) above, and is requested by the Director to adjourn the inquest,
then, subject to subsection (2) below, the coroner shall, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the relevant criminal proceedings and, if a jury has been summoned, may, if he thinks fit, discharge them.
(2) The coroner—
(a) need not adjourn the inquest in a case within subsection (1)(a) above if, before he has done so, the Director of Public Prosecutions notifies him that adjournment is unnecessary; and
(b) may in any case resume the adjourned inquest before the conclusion of the relevant criminal proceedings if notified by the Director that it is open to him to do so.
(3) After the conclusion of the relevant criminal proceedings, or on being notified under paragraph (b) of subsection (2) above before their conclusion, the coroner may, subject to the following provisions of this section, resume the adjourned inquest if in his opinion there is sufficient cause to do so.
(4) Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.
(5) Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (4) above) send to the registrar of deaths a certificate under his hand stating the result of the relevant criminal proceedings.
(6) Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above and for that purpose summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment)—
(a) he shall proceed in all respects as if the inquest had not previously been begun; and
(b) subject to subsection (7) below, the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.
(7) Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—
(a) the finding of the inquest as to the cause of death must not be inconsistent with the outcome of the relevant criminal proceedings;
(b) the coroner shall supply to the registrar of deaths after the termination of the inquest a certificate under his hand stating the result of the relevant criminal proceedings; and
(c) the provisions of section 11(7) above shall not apply in relation to that inquest.
(8) In this section “the relevant criminal proceedings” means the proceedings before examining justices and before any court to which the person charged is committed for trial.
(1) Where a person is charged before a magistrates' court with—
(a) murder, manslaughter or infanticide;
(b) an offence under section 1 of the [1972 c. 20.] Road Traffic Act 1972 (causing death by reckless driving); or
(c) an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another,
the clerk of the court shall inform the coroner who is responsible for holding an inquest into the death of the making of the charge and of the result of the proceedings before that court.
(2) Where a person charged with—
(a) murder, manslaughter or infanticide;
(b) an offence under section 1 of the Road Traffic Act 1972 (causing death by reckless driving); or
(c) an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another,
is committed for trial to the Crown Court, the appropriate officer of the Crown Court at the place where the person charged is tried shall inform the coroner of the result of the proceedings before that court.
(3) Where the Director of Public Prosecutions has under section 16(1)(b) above requested a coroner to adjourn an inquest, then, whether or not the inquest is adjourned as a result, the Director shall—
(a) inform the coroner of the result of the proceedings before the magistrates' court in the case of the person charged as mentioned in that paragraph; and
(b) if that person is committed for trial to the Crown Court, inform the coroner of the result of the proceedings before that court.
(1) Where an accident occurs within Greater London or the City resulting in the death of a person, and it is alleged that the accident was due to—
(a) the nature or character of a road or road surface; or
(b) a defect in the design or construction of a vehicle or in the materials used in the construction of a road or vehicle,
the coroner holding the inquest into the death shall send to the Secretary of State, or to such officer of his as the Secretary of State may direct, notice in writing of the time and place of holding the inquest, and of any adjourned inquest.
(2) An officer appointed by the Secretary of State for the purpose shall be at liberty at any such inquest to examine any witness, subject nevertheless to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question.
(3) In this section “road” has the same meaning as in section 27 of the [1972 c. 20.] Road Traffic Act 1972.
(1) Where a coroner is informed that the body of a person is lying within his district and there is reasonable cause to suspect that the person has died a sudden death of which the cause is unknown, the coroner may, if he is of opinion that a post-mortem examination may prove an inquest to be unnecessary—
(a) direct any legally qualified medical practitioner whom, if an inquest were held, he would be entitled to summon as a medical witness under section 21 below; or
(b) request any other legally qualified medical practitioner,
to make a post-mortem examination of the body and to report the result of the examination to the coroner in writing.
(2) For the purposes of a post-mortem examination under this section, the coroner and any person directed or requested by him to make the examination shall have the like powers, authorities and immunities as if the examination were a post-mortem examination directed by the coroner at an inquest into the death of the deceased.
(3) Where a post-mortem examination is made under this section and the coroner is satisfied as a result of it that an inquest is unnecessary, he shall send to the registrar of deaths a certificate under his hand stating the cause of death as disclosed by the report of the person making the examination.
(4) Nothing in this section shall be construed as authorising the coroner to dispense with an inquest in any case where there is reasonable cause to suspect that the deceased—
(a) has died a violent or an unnatural death; or
(b) has died in prison or in such a place or in such circumstances as to require an inquest under any other Act.
(1) Without prejudice to the power of a coroner holding an inquest to direct a medical witness whom he may summon under section 21 below to make a post-mortem examination of the body of the deceased, the coroner may, at any time after he has decided to hold an inquest—
(a) request any legally qualified medical practitioner to make a post-mortem examination of the body or a special examination of the body or both such examinations; or
(b) request any person whom he considers to possess special qualifications for conducting a special examination of the body to make such an examination.
(2) If any person who has made a post-mortem or special examination in pursuance of such a request is summoned by the coroner as a witness, he may be asked to give evidence as to his opinion upon any matter arising out of the examination, and as to how, in his opinion, the deceased came by his death.
(3) Where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person—
(a) shall not be allowed to perform or assist at any post-mortem or special examination made for the purposes of the inquest into the death; but
(b) shall have the right, if he so desires, to be represented at any such post-mortem examination.
(4) In this section “special examination”, in relation to a body, means a special examination by way of analysis, test or otherwise of such parts or contents of the body or such other substances or things as ought in the opinion of the coroner to be submitted to analyses, tests or other examination with a view to ascertaining how the deceased came by his death.
(1) In the case of an inquest into a death, the coroner may summon as a witness—
(a) any legally qualified medical practitioner appearing to him to have attended at the death of the deceased or during the last illness of the deceased; or
(b) where it appears to him that no such practitioner so attended the deceased, any legally qualified medical practitioner in actual practice in or near the place where the death occurred;
and any medical witness summoned under this section may be asked to give evidence as to how, in his opinion, the deceased came by his death.
(2) Subject to subsection (3) below, the coroner may, either in his summons for the attendance of a medical witness or at any time between the issuing of that summons and the end of the inquest, direct the medical witness to make a post-mortem examination of the body of the deceased.
(3) Where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person shall not be allowed to perform or assist at the post-mortem examination of the deceased.
(4) If, in the case of an inquest with a jury, a majority of the jury are of opinion that the cause of death has not been satisfactorily explained by the evidence of the medical practitioner or of other witnesses brought before them, they may in writing require the coroner—
(a) to summon as a witness some other legally qualified medical practitioner named by them; and
(b) to direct a post-mortem examination of the deceased to be made by a practitioner summoned under this subsection, whether or not such an examination has been previously made;
and if the coroner fails to comply with such a requisition, he shall be liable on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or to both.
(5) Where a medical practitioner fails to obey a summons of a coroner issued in pursuance of this section, he shall, unless he shows a good and sufficient cause for not having obeyed the summons, be liable on summary conviction, on the prosecution of the coroner or of any two of the jury, to a fine not exceeding £400.
(1) Subject to subsection (2) below, where by the direction or at the request of a coroner, a post-mortem examination of a body is to be made, the coroner may order the removal of the body to any place which may be provided for the purpose either within his district or within an adjoining district of another coroner.
(2) A coroner shall not order the removal of a body upon which a post-mortem examination is to be made to any place other than a place within his district provided by a local authority except with the consent of the person or authority by whom the place is provided.
(3) The removal of a body in pursuance of an order made by a coroner under this section to any place outside his district shall not affect his powers and duties in relation to the body or the inquest into the death nor shall it confer or impose any rights, powers or duties upon any other coroner.
(4) Where a coroner—
(a) orders under this section the removal of a body to any place outside his district; and
(b) does not authorise the disposal of the body after examination,
he shall order the removal of the body after examination to a place within his district.
(5) The expenses of any removal ordered by a coroner under this section shall be defrayed as part of the expenses incurred by him in the course of his duties.
(6) In this section—
“disposal” has the same meaning as in the 1953 Act;
“local authority” means the council of a district or London borough or the Common Council.
(1) A coroner may order the exhumation of the body of a person buried within his district where it appears to him that it is necessary for the body to be examined—
(a) for the purpose of his holding an inquest into that person’s death or discharging any other function of his in relation to the body or the death; or
(b) for the purposes of any criminal proceedings which have been instituted or are contemplated in respect of the death of that person or of some other person who came by his death in circumstances connected with the death of the person whose body is needed for examination.
(2) The power of a coroner under this section shall be exercisable by warrant under his hand.
(3) No body shall be ordered by a coroner to be exhumed except under this section.
(1) The fees and allowances which may be lawfully paid by coroners—
(a) to witnesses and persons summoned to attend as witnesses; and
(b) to medical practitioners making post-mortem examinations by the coroner’s direction or at the coroner’s request,
shall be such as may be determined by the Secretary of State with the consent of the Treasury; but nothing in this subsection shall apply in relation to the fees payable in respect of a special examination under section 20 above.
(2) A relevant council—
(a) may from time to time make a schedule of the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies;
(b) may at any time vary a schedule so made; and
(c) shall cause a copy of every schedule so made or so varied to be sent to every coroner concerned.
(3) The Secretary of State may by rules made by statutory instrument prescribe—
(a) the fees payable to coroners or other persons for furnishing copies of inquisitions, depositions or other documents in their custody relating to an inquest; and
(b) where in the opinion of the Secretary of State adequate provision is not made for them by a schedule under subsection (2) above, the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies.
(1) A person who serves as a juror in a coroner’s court shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at the rates determined by the Secretary of State with the consent of the Treasury and subject to any prescribed conditions, by way of allowance—
(a) for travelling and subsistence; and
(b) for financial loss where in consequence of his attendance for that purpose—
(i) he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject; or
(ii) he has suffered any loss of earnings which he would otherwise have made or any loss of benefit under the enactments relating to national insurance and social security which he would otherwise have received.
(2) The amount due to any person in respect of such service shall be ascertained and paid over to him by the coroner.
(3) For the purposes of this section a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn.
(4) In this section “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State with the consent of the Treasury.
(1) A coroner holding an inquest shall, immediately after the termination of the proceedings, pay—
(a) the fees of every medical witness;
(b) the allowance of every juror; and
(c) all expenses reasonably incurred in and about the holding of the inquest,
not exceeding the fees, allowances and disbursements which may be lawfully paid or made under this Act.
(2) Any fees, allowances or disbursements so paid or made shall be repaid to the coroner in manner provided by this Act.
(1) Every coroner shall within four months after paying or making any fees, allowances or disbursements in accordance with the provisions of this Act, cause a full and true account of all fees, allowances and disbursements so paid or made by him under this Act to be laid before the relevant council.
(2) Every account under this section shall be accompanied by such vouchers as under the circumstances may to the relevant council seem reasonable; and the relevant council may, if they think fit, examine the coroner on oath as to any such account.
(3) On being satisfied of the correctness of any such account, the relevant council shall order their treasurer to pay to the coroner the sum due; and the treasurer shall without any abatement or deduction pay that sum—
(a) in the case of a metropolitan district or London borough council, out of the general rate fund;
(b) in the case of a non-metropolitan county council, out of the county fund; and
(c) in the case of the Common Council, out of the general rate,
and shall be allowed that sum on passing his accounts.
(4) In the case of a coroner for a coroner’s district consisting of two or more metropolitan districts or London boroughs, the expenses of the councils of those districts or boroughs in respect of the coroner’s service shall be apportioned between those councils in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.
(1) Every coroner shall on or before 1st February in every year furnish to the Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State may direct, of all cases in which an inquest has been held by him, or by some other person acting for him, during the year ending on the immediately preceding 31st December.
(2) Every coroner shall also, as and when required by the Secretary of State, furnish to the Secretary of State returns in relation to inquests held and deaths inquired into by him in such form and containing such particulars as the Secretary of State may direct.
(1) The coroner of the Queen’s household shall continue to be appointed by the Lord Steward for the time being of the Queen’s household.
(2) The coroner of the Queen’s household shall have exclusive jurisdiction in respect of inquests into the deaths of persons whose bodies are lying—
(a) within the limits of any of the Queen’s palaces; or
(b) within the limits of any other house where Her Majesty is then residing.
(3) The limits of any such palace or house shall be deemed to extend to any courts, gardens or other places within the curtilage of the palace or house but not further; and where a body is lying in any place beyond those limits, the coroner within whose district the body is lying, and not the coroner for the Queen’s household, shall have jurisdiction to hold an inquest into the death.
(4) The jurors on an inquest held by the coroner of the Queen’s household shall consist of officers of that household, to be returned by such officer of the Queen’s household as may be directed to summon the jurors by the warrant of the coroner.
(5) All inquisitions, depositions and recognizances shall be delivered to the Lord Steward of the Queen’s household to be filed among the records of his office.
(6) The coroner of the Queen’s household—
(a) shall make his declaration of office before the Lord Steward of the Queen’s household; and
(b) shall reside in one of the Queen’s palaces or in such other convenient place as may from time to time be allowed by the Lord Steward of the Queen’s household.
(7) The provisions of Schedule 2 to this Act shall have effect with respect to the application of this Act and the law relating to coroners to the coroner of the Queen’s household.
A coroner shall continue to have jurisdiction—
(a) to inquire into any treasure which is found in his district; and
(b) to inquire who were, or are suspected of being, the finders;
and the provisions of this Act shall, so far as applicable, apply to every such inquest.
The council of a metropolitan district or London borough (whether or not a relevant council) may provide and maintain proper accommodation for the holding of inquests in their area.
(1) The Lord Chancellor may, with the concurrence of the Secretary of State, make rules for regulating the practice and procedure at or in connection with inquests and post-mortem examinations and, in particular (without prejudice to the generality of the foregoing provision), such rules may provide—
(a) as to the procedure at inquests held without a jury;
(b) as to the issue by coroners of orders authorising burials;
(c) for empowering a coroner or his deputy or assistant deputy to alter the date fixed for the holding of any adjourned inquest within the district of the coroner;
(d) as to the procedure to be followed where a coroner decides not to resume an adjourned inquest; and
(e) as to the notices to be given, and as to the variation or discharge of any recognisances entered into by jurors or witnesses, where the date fixed for an adjourned inquest is altered or where a coroner decides not to resume an adjourned inquest.
(2) Without prejudice to the generality of subsection (1) above, rules under this section may make provision for persons to be excused service as jurors at inquests in such circumstances as the rules may specify.
(3) The power of the Lord Chancellor under this section to make rules with respect to any matter shall include power—
(a) to prescribe the forms to be used in connection with that matter;
(b) to revoke or amend, or substitute new forms for, any forms which are directed or authorised by or under any enactment to be used in connection with that matter.
(4) The power to make rules under this section shall be exercisable by statutory instrument.
(1) Nothing in this Act shall prejudice or affect the jurisdiction of a judge exercising the jurisdiction of a coroner by virtue of his office.
(2) Nothing in this Act shall prejudice or affect—
(a) the jurisdiction of the Lord Chancellor or the High Court in relation to the removal of a coroner otherwise than in the manner provided by this Act; or
(b) the jurisdiction of the High Court in relation to or over a coroner or his duties.
(1) Subject to subsection (2) below, this Act shall apply in relation to the Isles of Scilly as if those Isles were a non-metropolitan county and the Council of those Isles were the council of that county.
(2) The power conferred on the Secretary of State by section 265 of the [1972 c. 70.] Local Government Act 1972 (application of that Act to the Isles of Scilly) shall include power to make an order providing for regulating the application of this Act to those Isles otherwise than as mentioned in subsection (1) above and such an order may amend or repeal that subsection accordingly.
(1) In this Act, unless the context otherwise requires—
“the 1953 Act” means the [1953 c. 20.] Births and Deaths Registration Act 1953;
“administrative area” means a metropolitan or non-metropolitan county or Greater London;
“the Common Council” means the Common Council of the City of London and “common councillor” shall be construed accordingly;
“the City” means the City of London (including the Inner Temple and the Middle Temple);
“Greater London” does not include the City;
“relevant council” has the meaning given by section 1(1) above.
(2) In this Act references to an inquest held with a jury include, and references to an inquest held without a jury do not include, references to an inquest part of which is held with a jury.
(1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
(2) The enactments and instruments mentioned in Schedule 4 to this Act (which include some that are spent) are hereby repealed to the extent specified in the third column of that Schedule.
(3) Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
(4) Notwithstanding the repeal by this Act of section 13 of the [1985 c. 51.] Local Government Act 1985—
(a) any coroner holding office immediately before 1st April 1986 and assigned to a coroner’s district in a metropolitan county or in Greater London shall be deemed to have been duly appointed by the relevant council; and
(b) any orders made under section 12 of the [1926 c. 59.] Coroners (Amendment) Act 1926 and in force immediately before that date shall, so far as they affect a metropolitan county or Greater London, have effect as if made under section 4(1) above.
(5) Notwithstanding the repeal by this Act of the [1887 c. 71.] Coroners Act 1887, anything mentioned in subsection (5) of section 45 of that Act which, immediately before the commencement of this Act, was in force by virtue of that subsection shall, except so far as it is inconsistent with this Act, remain in force.
(6) Nothing in this section shall be taken as prejudicing the operation of sections 15 to 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).
(1) This Act may be cited as the Coroners Act 1988.
(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
(3) This Act extends to England and Wales only.