Coroners Act , 1962

38A.—Whenever a coroner is satisfied that a person who may be summoned to give evidence or to produce a document, article, substance or thing relevant to an inquest is likely to be absent from the State during the conduct of the inquest, he or she may direct that the evidence of that person be taken or the document, article, substance or thing be produced before him or her, at any time before the inquest, in the same manner as the evidence would be taken or the document, article, substance or thing would be produced at the inquest.]

PART IV Juries at Inquests

39. General power to sit with or without jury.

39.—Save as otherwise provided by this Part, a coroner may hold any inquest either, as he thinks proper, with or without a jury.

40. Obligation on coroner to sit with jury in certain cases.

40.—(1)An inquest shall be held with a jury if, either before or during the inquest, the coroner becomes of opinion—

(a)that the deceased came by his death by murder, infanticide or manslaughter, or

(b)that the death of the deceased occurred in a place or in circumstances which, under provisions in that behalf contained in any other enactment, require that an inquest should be held, or

(c)that the death of the deceased was caused by accident, poisoning or disease of which, under provisions in that behalf contained in any other enactment, notice is required to be given to a Minister or Department of State or to an inspector or other officer of a Minister or Department of State, or

(d)F99[…]

(e)that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public.

(2)The jury at an inquest shall be sworn by or before the coroner.

(3)Where a coroner, before commencing or resuming an inquest in relation to any death, F100[is informed by a member of the Garda Síochána not below the rank of inspector, a member of the Defence Forces not below the rank of commandant or aF101[senior designated officer of the Police Ombudsman]that he or she will, under subsection (1) or (2) of section 25, request an adjournment of the inquest] on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, every (if any) obligation under subsection (1) of this section to hold the inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.

41. Number of coroner's jury.

41.—A coroner's jury shall consist of not less than six and not more than twelve persons.

42. Liability to serve on coroner's jury.

42.—F102[…]

43. Summoning of jury.

43.—Whenever a jury is required for an inquest at any time and place, F103[the coroner shall so inform a member of the Garda Síochána or, where there is aF104[relevant Police Ombudsman investigation]concerning the death of the person in relation to whose death the inquest is to be held,F104[a designated officer of the Police Ombudsman], and the member or designated officer, as the case may be, shall assemble] not less than six and not more than twelve persons qualified to be jurors at the inquest at such time and place and may, if he thinks it necessary, serve summonses in the prescribed form to ensure their attendance.

44. Failure of jury to agree.

44.—If the jury at an inquest fail to agree on a verdict, the following provisions shall have effect:

(a)if a majority of the jury agree on a verdict, the verdict shall be accepted by the coroner, and

(b)in any other case, the coroner shall discharge the jury and hold a new inquest.

45. Holding of adjourned inquest with different jury.

45.—An inquest which has been adjourned and at which only evidence of identification has been given may be resumed with a different jury.

PART V Miscellaneous

46. Removal and custody of body pending inquest, etc.

46.—(1)Where a coroner considers it necessary to hold an inquest on, or a post-mortem examination of, the body of a deceased person, he may direct that the body be removed into a convenient mortuary or morgue or other suitable place (whether inside or outside his district) and kept therein until he otherwise directs, and he may make such arrangements for the removal of the body as he considers necessary or desirable.

(2)The person in charge of a mortuary, morgue or other place into which the body of a deceased person is directed to be removed under subsection (1) of this section shall allow the body to be deposited in such mortuary, morgue or other place and shall keep the body therein until the coroner otherwise directs.

(3)Any person who obstructs the removal of a body pursuant to a direction under subsection (1) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F105[a class C fine or imprisonment for a term not exceeding 12 months or both].

(4)Any person in charge of a mortuary, morgue or other place who fails to comply with subsection (2) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F105[a class C fine or imprisonment for a term not exceeding 12 months or both].

(5)The removal of a body in pursuance of a direction by a coroner under subsection (1) of this section to any place outside his district shall not affect his powers and duties in relation to the body or the inquest thereon, nor shall it confer or impose any rights, powers or duties upon any other coroner.

47. Exhumation.

47.—(1)Where a coroner is informed by a member of the Garda Síochána not below the rank of inspector that, in his opinion, the death of any person whose body has been buried in the coroner's district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of the body by the Garda Síochána.

F106[(1A) Where there isF107[a relevant Police Ombudsman investigation and a coroner is informed by a senior designated officer of the Police Ombudsman]that, in his or her opinion, the death of the person concerned whose body has been buried in the coroner’s district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of theF107[body by the Police Ombudsman].]

(2)On being requested under this section to authorise by order the exhumation of any body, the Minister may, as he thinks proper, either make or refuse to make the order.

(3)Every order made under this section for the exhumation of a body shall operate to authorise the exhumation in accordance with the terms of the order.

(4)Where the body of a deceased person is exhumed in pursuance of an order made under this section, the coroner concerned shall have the like powers and duties as if the body had not been buried.

48. Removal of body outside the State.

48.—Where it is brought to the notice of a coroner that it is intended to remove out of the State the body of a deceased person which is within his jurisdiction he may certify, in such form as may be prescribed, that he has been satisfied as to the cause of death and that no circumstances exist necessitating the retention of the body, or any part thereof, in the State.

49. Inquest on treasure trove.

49.—A coroner shall have jurisdiction to inquire into the finding of treasure trove in his district and the provisions of this Act (other than those relating to post-mortem examinations or to the removal of bodies) shall, so far as is consistent with the tenor thereof, apply to every such inquest.

49A. F109[Entry to premises to inspect, copy, take extracts from or seize documents, etc.

49A.—(1) A coroner may not enter any premises for the purposes of the performance of his or her functions under this Act in relation to the death of any person except—

(a) with the consent of the occupier of those premises, or

(b) under the authority of a warrant issued under this section.

(2) If a judge of the District Court is satisfied by information on oath of a coroner that there are reasonable grounds for suspecting that there are in any premises any documents, articles, substances or things required by the coroner for the performance of his or her functions under this Act in relation to the death of any person, the judge may issue a warrant authorising the coroner to enter those premises and to inspect, copy or take extracts from or, if necessary, to seize those documents or to inspect or, if necessary, to seize those articles, substances or things.

(3) A warrant issued under this section shall be expressed, and shall operate, to authorise the coroner named in the warrant, accompanied by such (if any) members of the Garda Síochána, orF110[designated officers of the Police Ombudsman where there is a relevant Police Ombudsman investigation]concerning the death of the person in relation to whose death the warrant is issued, as the coroner considers necessary—

(a) to enter, at any time or times within one week of the date of the issue of the warrant, on production if so requested of the warrant or a copy of it and if necessary by the use of reasonable force, the premises named in the warrant, and

(b) to inspect, copy or take extracts from or, if necessary, to seize the documents concerned, or to inspect or, if necessary, to seize the articles, substances or things concerned, in those premises.

(4) A coroner who, under a warrant issued under this section, seizes any documents, articles, substances or things shall return those documents, articles, substances or things to the person from whom they were seized when they are no longer required for the performance by the coroner of his or her functions under this Act in relation to the death of the person concerned.

(5) A person who obstructs or attempts to obstruct the coroner, a member of the Garda Síochána or aF110[designated officer of the Police Ombudsman]acting under the authority of a warrant issued under this section shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) The power of the District Court to issue a warrant under this section shall be exercisable by a judge of the District Court who is assigned to the district court district in which the premises concerned are situate.]

50. Furnishing of particulars to registrars of births and deaths.

50.—F111[…]

51. Extension of power of coroner to authorise burial.

51.—F112[…]

52. Provisions governing post-mortem examination caused to be made by coroner.

52.—F113[…]

53. Prohibition on certain coroners from acting in certain proceedings.

53.—A coroner or deputy coroner who is a solicitor or barrister shall not act as solicitor or barrister in criminal proceedings arising out of any matter which may have come before him as coroner or deputy coroner.

53A. F114[Expert advice and assistance for coroners in certain circumstances.

53A.—If a coroner considers that he or she requires the advice or assistance of an expert in respect of a matter for the purposes of his or her inquiry into a death, he or she may seek and obtain such advice or assistance from a person who has expertise in respect of the matter.]

54. Supply of forms to coroner.

F115[54.—For the purposes of discharging his or her duties as a coroner—

(a) the Minister, in the case of a coroner for the coroner’s district of Dublin, and

(b) the local authority by whom a coroner was appointed in all other cases,

shall supply the coroner concerned with such supplies of stationery and of prescribed forms as shall be reasonably required by him or her for the discharge of those duties.]

55. Returns to be made by coroner.

55.—(1)Every coroner shall, on or before the 1st day of February in each year, furnish to the Minister a written return of the inquests held and deaths inquired into in his district during the year ended on the immediately preceding 31st day of December.

(2)In addition to the yearly return specified in subsection (1) of this section, every coroner shall furnish to the Minister or to such other Minister as the Minister may direct such written returns in relation to inquests held and deaths inquired into in his district as the Minister may from time to time require.

(3)Every return furnished under this section shall be in such form and contain such particulars as the Minister may from time to time direct.

56. Prescribing of forms of oaths, etc., in respect of inquests.

56.—(1)The following forms may be prescribed in respect of inquests, namely, the form of—

(a)oath to be taken by jurors and to be taken by witnesses,

(b)summons to be served on jurors and to be served on witnesses,

(c)deposition, and

(d)record of verdict

(2)Until forms have been prescribed under this section, the forms of oaths, summonses, depositions and inquisitions in use in respect of inquests immediately before the commencement of this Act may continue to be used and may, where necessary, be modified so as to conform with the provisions of this Act.

57. Prescribing of certain fees and expenses.

57.—The following fees and expenses shall be prescribed, after consultation with the Minister for Local Government, namely—

(a)the fees payable to persons performing, or assisting at, post-mortem and special examinations,

(b)the expenses payable to witnesses at inquests, and

(c)the expenses payable in connection with removal or custody, in accordance with the direction of a coroner, of a body.

58. Certification and payment of certain sums.

58.—(1)A coroner may, in respect of any matter for which a fee or expenses is or are prescribed under section 57 of this Act, issue his certificate for the payment by F116[the Minister, if the matter relates to the coroner’s district of Dublin or] a specified local authority to the person concerned of a sum not greater than the sum prescribed in that behalf.

F117[(2) Every person to whom a certificate has been issued under this section may present the certificate to—

(a) the Minister, if the matter relates to the coroner's district of Dublin, or

(b) the local authority specified in the certificate in any other case,

and, thereupon, the Minister or the local authority, as the case may be, shall pay the sum mentioned in the certificate to the person.]

(3)The local authority to be specified in a certificate issued under this section F118[(other than a certificate relating to a matter concerning the coroner's district of Dublin)] shall be—

(a)in a case where the certificate is issued after an inquest by a coroner who would not ordinarily hold the inquest, the local authority by whom the coroner who would ordinarily hold the inquest was appointed,

(b)in case the certificate is issued by a deputy coroner acting in place of a coroner, the local authority by whom the coroner was appointed,

(c)in every other case, the local authority by whom the coroner issuing the certificate was appointed.

(4)No certificate for the payment of any fee shall be issued under this section to a registered medical practitioner who is on the staff of a health institution, within the meaning of the Health Act, 1947, or a hospital in connection with an inquest on the body of a person who died in the institution, if it was his duty to attend the person.

59. Amendment of Juries Act, 1927.

59.—F119[…]

60. F120[Legal aid and legal advice for inquests

60.—(1) Where an inquest in relation to the death of a person is to be held under Part III of this Act, a family member of the deceased (in this section referred to as "the applicant") may apply to the coroner for a request to be submitted by that coroner to the Legal Aid Board in relation to the granting of legal aid or legal advice, or both, to the applicant pursuant to theCivil Legal Aid Act 1995.

(2) An application referred to in subsection (1) shall be made before the commencement of the inquest, unless the coroner otherwise permits.

(3) A coroner shall determine an application referred to in subsection (1) and shall notify the applicant of his or her determination within 10 working days of the receipt of the application.

(4) Subject to subsections (5) and (6), where a coroner receives an application referred to in subsection (1) in respect of an inquest, he or she shall request the Legal Aid Board to grant legal aid or legal advice, or both, to the applicant in respect of the inquest concerned.

(5) A coroner shall not make a request referred to in subsection (4) unless—

(a) the deceased was, at the time of his or her death or immediately before his or her death, in the custody of the Garda Síochána,

(b) the deceased was, at the time of his or her death or immediately before his or her death, in custody in a prisonF121[…],

(c) the deceased was, at the time of his or her death or immediately before his or her death, in service custodyF122[…],

(d) the deceased was, at the time of his or her death or immediately before his or her death, involuntarily detained under Part 2 of theMental Health Act 2001in an approved centre within the meaning of section 2 of that Act,

(e) the deceased was, at the time of his or her death or immediately before his or her death, detained in a designated centre within the meaning ofsection 3of theCriminal Law (Insanity) Act 2006or was a person to whom section 20 of that Act refers,

(f) the deceased was, at the time of his or her death or immediately before his or her death,F123[remanded in a remand centre]within the meaning of section 3 of theChildren Act 2001or detained in a children detention school within the meaning of that section,

(g) the deceased was, at the time of his or her death or immediately before his or her death, a child in care,F124[…]

F125[(ga) the death of the deceased was a maternal death or a late maternal death, or,]

(h) the coroner is of the opinion that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public such that there is a significant public interest in the family member of the deceased person being granted legal aid or legal advice, or both, for the purposes of the inquest concerned.

(6) Where legal aid or legal advice, or both, are granted by the Legal Aid Board to an applicant in respect of an inquest further to a request by a coroner under subsection (4), no further applications under subsection (1) may be made by a family member in respect of the inquest concerned.

(7) In this section—

F126[…]

F126[…]

"legal advice" has the same meaning as it has in theCivil Legal Aid Act 1995;

"legal aid" has the same meaning as it has in theCivil Legal Aid Act 1995.]

61. F127[Offences by body corporate

61.—Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.]

62. F128[Directions of High Court

62.—(1) A coroner may, whenever he or she considers it appropriate to do so, apply to the High Court for directions on a point of law regarding the performance of his or her functions under this Act in relation to the death of any person.

(2) The High Court shall determine an application under subsection (1) by giving such directions and making such orders as it considers appropriate.

(3) The High Court may, on application to it in that behalf, hear an application under subsection (1) otherwise than in public if satisfied that it is appropriate to do so because of—

(a) the subject matter in relation to which directions are sought,

(b) a risk of prejudice to criminal proceedings, or

(c) any other matter relating to the nature of the evidence to be given at the hearing of the application.

(4) The High Court shall give such priority as it reasonably can, having regard to all of the circumstances, to the disposal of proceedings in the Court under this section.

(5) An appeal shall lie by leave of the High Court to the Court of Appeal from a determination of the High Court of an application under subsection (1).

(6) The Superior Court Rules Committee may, with the concurrence of the Minister, make rules of court to facilitate the giving of effect to subsection (4).]