JUST 2030 Lecture Notes - Lecture 4: Coroner, Inquest (Charity)
WHEN CORONER NOTIFIED (Sec.10)
Every person who believes that a person died from:
A.
Violence
1.
Misadventure
2.
Negligence
3.
Misconduct or
4.
Malpractice
5.
By unfair means
B)
During pregnancy or following pregnancy in circumstances that might
reasonably be attributed thereto.
C)
Suddenly and unexpectedly;
D)
From disease or sickness & was not treated by a legally qualified medical
practitioner
E)
From any cause other than disease
F)
Under such circumstances that may require investigation.
G)
NOTIFICATION OF CORONER
Sec. 10 (4) When a person dies when detained in custody, the coroner should
be notified immediately.
•
Sec. 10 (4.6) Under these circumstances the coroner shall issue a warrant to
hold an inquest to determine the cause of death and means to prevent such
deaths.
•
INTERFERENCE WITH BODY Sec. 11
No person shall interfere with or alter the body or its condition until the
coroner directs by a warrant. This applies to anyone who has died under the
above circumstances.
•
INVESTIGATIVE POWERS OF CORONER
Sec. 16 (1) A Coroner May
A) Examine and/or take possession of any dead body. 1.
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INVESTIGATIVE POWERS OF CORONER
Sec. 16 (2)
A coroner, on R&PG believes it's necessary to the investigation may
Inspect where the deceased was at the time or prior to their death(a)
Inspect & extract information from any records or writings relating to the
deceased
(b)
Seize anything the coroner believes is material to the investigation. (c)
TRANSFER OF POWER
Sec. 16(3) Coroner may authorize a medical practitioner or police officer to exercise
all or any of the coroner's powers.
OFFENCES
Sec. 16(6) No person shall knowingly
Attempt to or hinder, obstruct or interfere or A)
Furnish false information or refuse or neglect to furnish information to a
coroner or a person authorized by the coroner.
B)
ON CONVICTION
Sec. 55 on conviction of Sec.’s 10, 11, 13 or 16(6)
-
Not more than $1000.00
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-
GENERAL INFORMATION
Sec. 19
-
IF CORONER DETERMINES AN INQUEST IS NECESSARY, HE / SHE WILL ISSUE A
WARRANT FOR INQUEST.
-
Sec. 27(3)
-
IF CHARGES ARE LAID, THE INQUEST USUALLY TAKES PLACE AFTER THE CHARGES
HAVE BEEN DEALT WITH.
-
Sec. 33(1)
-
CORONER’S JURY CONSISTS OF FIVE MEMBERS
-
Sec. 31 (2)
-
CORONER’S JURY IS NOT RESPONSIBLE FOR FINDING LEGAL RESPONSIBILITY
-
Sec. 31 (3)
-
THEIR DUTY IS TO MAKE RECOMMENDATIONS TO AVOID FURTHER SIMILAR DEATHS.
-
Sec. 31 (5)
-
WHERE A JURY FAILS TO MAKE PROPER RECOMMENDATIONS IT WILL BE DISCHARGED
-
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Document Summary
Every person who believes that a person died from: During pregnancy or following pregnancy in circumstances that might reasonably be attributed thereto. From disease or sickness & was not treated by a legally qualified medical practitioner. 10 (4) when a person dies when detained in custody, the coroner should be notified immediately. 10 (4. 6) under these circumstances the coroner shall issue a warrant to hold an inquest to determine the cause of death and means to prevent such deaths. No person shall interfere with or alter the body or its condition until the coroner directs by a warrant. This applies to anyone who has died under the above circumstances. B: examine and/or take possession of any dead body. Enter & inspect where the dead body is or any place the coroner believes the body has been removed from. A coroner, on r&pg believes it"s necessary to the investigation may (a) (b)
