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Statutory Instruments
CORONERS
Made
9th April 1984
Coming into Operation
1st July 1984
The Lord Chancellor, in exercise of the powers conferred on him by sections 26 and 27 of the Coroners (Amendment) Act 1926 and with the concurrence of the Secretary of State, hereby makes the following Rules:—
1. These Rules may be cited as the Coroners Rules 1984 and shall come into operation on 1st July 1984.
2.—(1) In these Rules, unless the context otherwise requires—
“the Act of 1887” means
“the Act of 1926” means
“appropriate officer”
“chief officer of police” means
“coroner”
“deceased” means
“enforcing authority”
“hospital” means
“industrial disease” means
“inquest” means
“legal proceedings”
“pneumoconiosis medical board” and “pneumoconiosis medical panel”
“post-mortem examination” means
“registrar” means
“the Registration Acts”
“special examination”
(2) In these Rules any reference to a Rule or Schedule shall be construed as a reference to a Rule contained in these Rules, or, as the case may be, to a Schedule thereto; and any reference in a Rule to a paragraph shall be construed as a reference to a paragraph of that Rule.
3.—(1) Subject to paragraph (2), the Rules specified in Schedule 1 are hereby revoked.
(2) These Rules shall not have effect in relation to any inquest begun before 1st July 1984 or to any post-mortem examination which, before that day, a coroner has directed or requested a medical practitioner to make; and, accordingly, the Rules revoked by paragraph (1) shall continue to have effect in relation to any such inquest or post-mortem examination.
4. A coroner shall at all times hold himself ready to undertake, either by himself or by his deputy or assistant deputy, any duties in connection with inquests and post-mortem examinations.
5. Where a coroner directs or requests that a post-mortem examination shall be made, it shall be made as soon after the death of the deceased as is reasonably practicable.
6.—(1) In considering what legally qualified medical practitioner shall be directed or requested by the coroner to make a post-mortem examination the coroner shall have regard to the following considerations:—
(a)the post-mortem examination should be made, whenever practicable, by a pathologist with suitable qualifications and experience and having access to laboratory facilities;
(b)if the coroner is informed by the chief officer of police that a person may be charged with the murder, manslaughter or infanticide of the deceased, the coroner should consult the chief officer of police regarding the legally qualified medical practitioner who is to make the post-mortem examination;
(c)if the deceased died in a hospital, the coroner should not direct or request a pathologist on the staff of, or associated with, that hospital to make a post-mortem examination if—
(i)that pathologist does not desire to make the examination, or
(ii)the conduct of any member of the hospital staff is likely to be called in question, or
(iii)any relative of the deceased asks the coroner that the examination be not made by such a pathologist,
unless the obtaining of another pathologist with suitable qualifications and experience would cause the examination to be unduly delayed;
(d)if the death of the deceased may have been caused by any of the diseases or injuries within paragraph (2), the coroner should not direct or request a legally qualified medical practitioner who is a member of a pneumoconiosis medical panel to make the post-mortem examination.
(2) The diseases and injuries within this paragraph are those in connection with which duties are from time to time imposed upon pneumoconiosis medical boards by Part III of the Social Security Act 1975 and any regulations made under that Act(5).
7.—(1) Where a coroner directs or requests a legally qualified medical practitioner to make a post-mortem examination, the coroner shall notify the persons and bodies set out in paragraph (2) of the date, hour and place at which the examination will be made, unless it is impracticable to notify any such persons or bodies or to do so would cause the examination to be unduly delayed.
(2) The persons and bodies to be notified by the coroner are as follows:—
(a)any relative of the deceased who has notified the coroner of his desire to attend, or be represented at, the post-mortem examination;
(b)the deceased's regular medical attendant;
(c)if the deceased died in a hospital, the hospital;
(d)if the death of the deceased may have been caused by any of the diseases or injuries within Rule 6(2) (other than occupational asthma), the pneumoconiosis medical panel for the area;
(e)if the death of the deceased may have been caused by any accident or disease notice of which is required by or under any enactment to be given—
(i)to an enforcing authority, the appropriate inspector appointed by, or representative of, that authority; or
(ii)to an inspector appointed by an enforcing authority, that inspector;
(f)any government department which has notified the coroner of its desire to be represented at the examination;
(g)if the chief officer of police has notified the coroner of his desire to be represented at the examination, the chief officer of police.
(3) Any person or body mentioned in paragraph (2) shall be entitled to be represented at a post-mortem examination by a legally qualified medical practitioner, or if any such person is a legally qualified medical practitioner he shall be entitled to attend the examination in person; but the chief officer of police may be represented by a member of the police force of which he is chief officer.
(4) Nothing in the foregoing provisions of this Rule shall be deemed to limit the discretion of the coroner to notify any person of the date, hour and place at which a post-mortem examination will be made and to permit him to attend the examination.
8. A person attending a post-mortem examination by virtue of paragraph (3) or (4) of Rule 7 shall not interfere with the performance of the examination.
9. A person making a post-mortem examination shall make provision, so far as possible, for the preservation of material which in his opinion bears upon the cause of death for such period as the coroner thinks fit.
10.—(1) The person making a post-mortem examination shall report to the coroner in the form set out in Schedule 2 or in a form to the like effect.
(2) Unless authorised by the coroner, the person making a post-mortem examination shall not supply a copy of his report to any person other than the coroner.
11.—(1) No post-mortem examination shall be made in a dwelling house or in licensed premises.
(2) Every post-mortem examination shall be made in premises which are adequately equipped for the purpose of the examination.
(3) Where a person dies in a hospital possessing premises so equipped, any post-mortem examination of the body of that person shall, with the consent of the hospital authority, be made in those premises unless the coroner otherwise decides.
(4) For the purpose of this Rule no premises shall be deemed to be adequately equipped for the purpose of post-mortem examinations unless they are supplied with running water, proper heating and lighting facilities, and containers for the storing and preservation of material.
12. A person making a special examination shall make provision, so far as possible, for the preservation of the material submitted to him for examination for such period as the coroner thinks fit.
13. Unless authorised by the coroner, the person making a special examination shall not supply a copy of his report to any person other than the coroner.
14. An order of a coroner authorising the burial of a body shall not be issued unless the coroner has held, or has decided to hold, an inquest touching the death.
15. Where a coroner is satisfied that a certificate for the disposal of a body has been issued by a registrar, the coroner shall not issue an order authorising the burial of that body unless the certificate has been surrendered to him; and in such a case he shall on issuing the order transmit the certificate to the registrar and inform him of the issue of the order.
16. Every inquest shall be opened, adjourned and closed in a formal manner.
17. Every inquest shall be held in public:
18. An inquest shall not be held on Christmas Day, Good Friday, or a bank holiday unless the coroner thinks it requisite on grounds of urgency that an inquest should be held on such a day, and no inquest shall be held on a Sunday.
19. The coroner shall notify the date, hour and place of an inquest to—
(a)the spouse or a near relative or personal representative of the deceased whose name and address are known to the coroner; and
(b)any other person who—
(i)in the opinion of the coroner is within Rule 20(2); and
(ii)has asked the coroner to notify him of the aforesaid particulars of the inquest; and
(iii)has supplied the coroner with a telephone number or address for the purpose of so notifying him.
20.—(1) Without prejudice to any enactment with regard to the examination of witnesses at an inquest, any person who satisfies the coroner that he is within paragraph (2) shall be entitled to examine any witness at an inquest either in person or by counsel or solicitor:
(a)the chief officer of police, unless interested otherwise than in that capacity, shall only be entitled to examine a witness by counsel or solicitor;
(b)the coroner shall disallow any question which in his opinion is not relevant or is otherwise not a proper question.
(2) Each of the following persons shall have the rights conferred by paragraph (1):—
(a)a parent, child, spouse and any personal representative of the deceased;
(b)any beneficiary under a policy of insurance issued on the life of the deceased;
(c)the insurer who issued such a policy of insurance;
(d)any person whose act or omission or that of his agent or servant may in the opinion of the coroner have caused, or contributed to, the death of the deceased;
(e)any person appointed by a trade union to which the deceased at the time of his death belonged, if the death of the deceased may have been caused by an injury received in the course of his employment or by an industrial disease;
(f)an inspector appointed by, or a representative of, an enforcing authority, or any person appointed by a government department to attend the inquest;
(g)the chief officer of police;
(h)any other person who, in the opinion of the coroner, is a properly interested person.
21. Unless the coroner otherwise determines, a witness at an inquest shall be examined first by the coroner and, if the witness is represented at the inquest, lastly by his representative.
22.—(1) No witness at an inquest shall be obliged to answer any question tending to incriminate himself.
(2) Where it appears to the coroner that a witness has been asked such a question, the coroner shall inform the witness that he may refuse to answer.
23.—(1) Where a coroner holds an inquest touching the death of a person which may have been caused by an accident or disease notice of which is required to be given to an enforcing authority, the coroner shall adjourn the request unless an inspector appointed by, or a representative of, the enforcing authority is present to watch the proceedings and shall, at least four days before holding the adjourned inquest, give to such inspector or representative notice of the date, hour and place of holding the adjourned inquest.
(2) Where a coroner holds an inquest touching the death of a person which may have been caused by an accident or disease notice of which is required to be given to an inspector appointed by an enforcing authority, the coroner shall adjourn the inquest unless the inspector or a representative of the inspector is present to watch the proceedings and shall, at least four days before holding the adjourned inquest, give to the inspector or representative notice of the date, hour and place of holding the adjourned inquest.
24. Any person whose conduct is likely in the opinion of the coroner to be called in question at an inquest shall, if not duly summoned to give evidence at the inquest, be given reasonable notice of the date, hour and place at which the inquest will be held.
25. If the conduct of any person is called in question at an inquest on grounds which the coroner thinks substantial and which relate to any matter referred to in Rule 36 and if that person is not present at the inquest and has not been duly summoned to attend or otherwise given notice of the holding of the inquest, the inquest shall be adjourned to enable him to be present, if he so desires.
26.—(1) If the chief officer of police requests a coroner to adjourn an inquest on the ground that a person may be charged with an offence within paragraph (3), the coroner shall adjourn the inquest for twenty-eight days or for such longer period as he may think fit.
(2) At any time before the date fixed for the holding of the adjourned inquest, the chief officer of police may ask the coroner for a further adjournment and the coroner may comply with his request.
(3) The offences within this paragraph are murder, manslaughter or infanticide of the deceased, an offence under section 1 of the Road Traffic Act 1972(6) committed by causing the death of the deceased and an offence under section 2(1) of the Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of the deceased.
27.—(1) If the Director of Public Prosecutions requests a coroner to adjourn an inquest on the ground that a person may be charged with an offence (whether or not involving the death of a person other than the deceased) committed in circumstances connected with the death of the deceased, not being an offence within Rule 26(3), the coroner shall adjourn the inquest for twenty-eight days or for such longer period as he may think fit.
(2) At any time before the date fixed for the holding of the adjourned inquest, the Director of Public Prosecutions may ask the coroner for a further adjournment and the coroner may comply with his request.
28.—(1) If during the course of an inquest evidence is given from which it appears to the coroner that the death of the deceased is likely to be due to an offence within Rule 26(3) and that a person might be charged with such an offence, then the coroner, unless he has previously been notified by the Director of Public Prosecutions that adjournment is unnecessary, shall adjourn the inquest for fourteen days or for such longer period as he may think fit and send to the Director particulars of that evidence.
(2) At any time before the date fixed for the holding of the adjourned inquest, the Director of Public Prosecutions may ask the coroner for a further adjournment and the coroner may comply with his request.
29. A certificate under the hand of a coroner stating the particulars which under the Registration Acts are required to be registered concerning a death which he furnishes to a registrar of deaths under section 20(4)(7) of the Act of 1926 shall be furnished within five days from the date on which the inquest is adjourned.
30. When an inquest has been adjourned for any reason and section 20(4) of the Act of 1926 does not apply, the coroner shall on application supply to any person who, in the opinion of the coroner, is a properly interested person an interim certificate of the fact of death.
31. A certificate under the hand of a coroner stating the result of the relevant criminal proceedings which he furnishes to a registrar of deaths under section 20(5) or section 20(7) of the Act of 1926 shall be furnished within twenty-eight days from the date on which he is notified of the result of the proceedings under section 20(9) or section 20(10) of that Act or, if the person charged with an offence before a magistrates' court as mentioned in section 20(8) of that Act is not committed for trial to the Crown Court, within twenty-eight days from the date on which he is notified under the said section 20(8) of the result of the proceedings in the magistrates' court.
32. Subject to section 20 of the Act of 1926, an inquest shall not be adjourned solely by reason of the institution of criminal proceedings arising out of the death of the deceased.
33.—(1) If an inquest which has been adjourned in pursuance of section 20 of the Act of 1926 is not to be resumed, the coroner shall notify the persons within paragraph (4).
(2) If an inquest which has been adjourned as aforesaid is to be resumed, the coroner shall give reasonable notice of the date, hour and place at which the inquest will be resumed to the persons within paragraph (4).
(3) Where a coroner has fixed a date, hour and place for the holding of an inquest adjourned for any reason, he may, at any time before the date so fixed, alter the date, hour or place fixed and shall then give reasonable notice to the persons within paragraph (4).
(4) The persons within this paragraph are the members of the jury (if any), the witnesses, the chief officer of police, any person notified under Rule 19 or 24 and any other person appearing in person or represented at the inquest.
34. Where any witness or juror who has been bound over to attend at an adjourned inquest, whether without further notice or conditionally on receiving further notice, is notified by the coroner that his attendance at the adjourned inquest is not required or that the inquest will not be resumed, the recognizance entered into by him shall be void.
35. Where a person charged with an offence within Rule 26(3) is committed for trial to the Crown Court, the coroner who has adjourned an inquest in pursuance of section 20 of the Act of 1926 shall inform the appropriate officer of the Crown Court at the place where the person charged is to be tried of such adjournment.
36.—(1) The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters, namely—
(a)who the deceased was;
(b)how, when and where the deceased came by his death;
(c)the particulars for the time being required by the Registration Acts to be registered concerning the death.
(2) Neither the coroner nor the jury shall express any opinion on any other matters.
37.—(1) Subject to the provisions of paragraphs (2) to (4), the coroner may admit at an inquest documentary evidence relevant to the purposes of the inquest from any living person which in his opinion is unlikely to be disputed, unless a person who in the opinion of the coroner is within Rule 20(2) objects to the documentary evidence being admitted.
(2) Documentary evidence so objected to may be admitted if in the opinion of the coroner the maker of the document is unable to give oral evidence within a reasonable period.
(3) Subject to paragraph (4), before admitting such documentary evidence the coroner shall at the beginning of the inquest announce publicly—
(a)that the documentary evidence may be admitted, and
(b)(i)the full name of the maker of the document to be admitted in evidence, and
(ii)a brief account of such document, and
(c)that any person who in the opinion of the coroner is within Rule 20(2) may object to the admission of any such documentary evidence, and
(d)that any person who in the opinion of the coroner is within Rule 20(2) is entitled to see a copy of any such documentary evidence if he so wishes.
(4) If during the course of an inquest it appears that there is available at the inquest documentary evidence which in the opinion of the coroner is relevant to the purposes of the inquest but the maker of the document is not present and in the opinion of the coroner the content of the documentary evidence is unlikely to be disputed, the coroner shall at the earliest opportunity during the course of the inquest comply with the provisions of paragraph (3).
(5) A coroner may admit as evidence at an inquest any document made by a deceased person if he is of the opinion that the contents of the document are relevant to the purposes of the inquest.
(6) Any documentary evidence admitted under this Rule shall, unless the coroner otherwise directs, be read aloud at the inquest.
38. All exhibits produced in evidence at an inquest shall be marked with consecutive numbers and each number shall be preceded by the letter “C”.
39. The coroner shall take notes of the evidence at every inquest.
40. No person shall be allowed to address the coroner or the jury as to the facts.
41. Where the coroner sits with a jury, he shall sum up the evidence to the jury and direct them as to the law before they consider their verdict and shall draw their attention to Rules 36(2) and 42.
42. No verdict shall be framed in such a way as to appear to determine any question of—
(a)criminal liability on the part of a named person, or
(b)civil liability.
43. A coroner who believes that action should be taken to prevent the recurrence of fatalities similar to that in respect of which the inquest is being held may announce at the inquest that he is reporting the matter in writing to the person or authority who may have power to take such action and he may report the matter accordingly.
44. Subject to the provisions of these Rules, the person to whom the coroner's warrant is issued under section 3 of the Act of 1887 for the summoning of persons to attend as jurors at inquests shall have regard to the convenience of the persons summoned and to their respective places of residence, and in particular to the desirability of selecting jurors within reasonable daily travelling distance of the place where they are to attend.
45. Subject to the provisions of these Rules, jurors shall be summoned by notice in writing sent by post or delivered by hand and a notice shall be sent or delivered to a juror at his address as shown in the electoral register.
46. A written summons sent or delivered to any person under Rule 45 shall be accompanied by a notice informing him—
(a)of the effect of section 3A of the Act of 1887 and Rules 51(1) and 52; and
(b)that he may make representations to the appropriate officer with a view to obtaining the withdrawal of the summons, if for any reason he is not qualified for jury service, or wishes or is entitled to be excused.
47. If it appears to the appropriate officer, at any time before the day on which any person summoned under section 3 of the Act of 1887 is to attend, that his attendance is unnecessary, or can be dispensed with, the appropriate officer may withdraw or alter the summons by notice served in the same way as a notice of summons.
48. If it appears to the coroner that a jury will be, or probably will be, incomplete, the coroner may, if he thinks fit, require any persons who are in, or in the vicinity of, the place of the inquest to be summoned (without any written notice) for jury service up to the number needed (after allowing for any who may not be qualified under section 3A of the Act of 1887 and for excusals) to make up such number.
49.—(1) If a person summoned under section 3 of the Act of 1887 shows to the satisfaction of the appropriate officer or of the coroner—
(a)that he has served on a jury, or duly attended to serve on a jury, at inquests held in that coroner's jurisdiction on three or more days in the period of one year ending with the service of the summons on him; or
(b)that he has served on a jury, or duly attended to serve on a jury, in the Crown Court, the High Court or any county court in the period of two years ending with the service of the summons on him; or
(c)that any such court or a coroner has excused him from jury service for a period which has not terminated,
the appropriate officer or the coroner shall excuse him from attending, or further attending, in pursuance of the summons.
(2) In reckoning the days for the purpose of paragraph (1)(a) no account shall be taken of any day or days to which an inquest is adjourned.
50. A person duly attending to serve on a jury in compliance with a summons under section 3 of the Act of 1887 shall be entitled on application to the appropriate officer to a certificate recording that he has so atterided.
51.—(1) A person summoned under section 3 of the Act of 1887 shall be entitled, if he so wishes, to be excused from jury service if he is among the persons for the time being listed in Part III of Schedule 1 to the Juries Act 1974 but, except as provided by that Part of that Schedule in the case of members of the forces, a person shall not by this Rule be exempt from his obligation to attend if summoned unless he is excused from attending under paragraph (2).
(2) If any person so summoned shows to the satisfaction of the appropriate officer or of the coroner that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer or the coroner may excuse him from so attending and shall do so if the reason shown is that the person is entitled under paragraph (1) to excusal.
52. Where it appears to the appropriate officer, in the case of a person attending in pursuance of a summons under section 3 of the Act of 1887, that on account of physical disability or insufficient understanding of English there is doubt as to his capacity to act effectively as a juror, the person may be brought before the coroner, who shall determine whether or not he should act as a juror and, if not, shall discharge the summons.
53. Nothing in this Part of these Rules shall have effect in relation to any inquest held by the coroner of the Queen's household.
54. A coroner shall keep an indexed register of all deaths reported to him, or to his deputy or assistant deputy, which shall contain the particulars specified in Schedule 3.
55. Every exhibit at an inquest shall, unless a court otherwise directs, be retained by the coroner until he is satisfied that the exhibit is not likely to be, or will no longer be, required for the purposes of any other legal proceedings, and shall then, if a request for its delivery has been made by a person appearing to the coroner to be entitled to the possession thereof, be delivered to that person, or, if no such request has been made, be destroyed or otherwise disposed of as the coroner thinks fit.
56. Any document (other than an exhibit at an inquest) in the possession of a coroner in connection with an inquest or post-mortem examination shall, unless a court otherwise directs, be retained by the coroner for at least fifteen years:
57.—(1) A coroner shall, on application and on payment of the prescribed fee (if any), supply to any person who, in the opinion of the coroner, is a properly interested person a copy of any report of a post-mortem examination (including one made under section 21 of the Act of 1926) or special examination, or of any notes of evidence, or of any document put in evidence at an inquest.
(2) A coroner may, on application and without charge, permit any person who, in the opinion of the coroner, is a properly interested person to inspect such report, notes of evidence, or document.
58. Where a deputy or assistant deputy coroner acting for, or as, the coroner signs a document, he shall sign it in his own name as deputy or assistant deputy coroner, as the case may be.
59. Where a coroner vacates his office by death or otherwise, all documents, exhibits, registers and other things in the custody of the coroner in connection with inquests or post-mortem examinations shall be transferred to the coroner next appointed to that office.
60. The forms set out in Schedule 4, with such modifications as circumstances may require, may be used for the purposes for which they are expressed to be applicable.
Hailsham of St. Marylebone, C
5th April 1984
I concur,
Leon Brittan
One of Her Majesty's Principal Secretaries of State
Home Office
9th April 1984
Rule 3
Rules revoked | References |
---|---|
The Coroners Rules 1953 | S.I. 1953/205 |
The Coroners Rules 1956 | S.I. 1956/1691 |
The Coroners (Amendment) Rules 1974 | S.I. 1974/2128 |
The Coroners (Amendment) Rules 1977 | S.I. 1977/1881 |
The Coroners (Amendment) Rules 1980 | S.I. 1980/557 |
The Coroners (Amendment) (Savings) Rules 1980 | S.I. 1980/668 |
The Coroners (Amendment) Rules 1983 | S.I. 1983/1539 |
Rule 10
Rule 54
Date on which death is reported to corner | Particulars of deceased | State whether case disposed of by using Pink Form A or B or whether inquest was held | ||||
---|---|---|---|---|---|---|
Full name and address | Age | Sex | Cause of death | Verdict at inquest (if any) | ||
Rule 60
These Rules consolidate with minor amendments the Coroners Rules 1953 as from time to time amended. They govern the powers and duties of coroners in England and Wales, and associated procedural matters, in relation to the holding of inquests and post-mortem examinations. The principal amendment of substance is the introduction of Rule 30, with its associated form in Schedule 4, Form 14. The Rule obliges a coroner, when he has adjourned an inquest and is unable to furnish the registrar of deaths with a certificate stating the particulars which are required to be registered concerning the death, to issue to any properly interested person who applies to him a certificate (Form 14) recording the date of the deceased's death and the precise medical cause (if established).
Another amendment of substance is the removal of “chronic alcoholism” from the list of suggested verdicts in the notes to the Form of Inquisition (Schedule 4, Form 22); and, also in the notes to that form, the suggested verdict “C.D. died from addiction to drugs” has been altered to “C.D. died from dependence on drugs/non-dependent abuse of drugs”.
Section 3A was inserted by the Coroners' Juries Act 1983, section 1.
the relevant instrument is S.I. 1980/377, as amended by S.I. 1980/1493, 1982/249 and 566.
Section 21 was amended by the Coroners (Amendment) Act 1926, sections 30 and 31 and Schedules 2 and 3.
Section 21(1) was amended by the Coroners Act 1980 (c. 38), section 1 and Schedule 1.
The relevant instrument and the instruments amending it are set out in the footnote to the definition of “industrial disease” in Rule 2(1).
section 1 was substituted by the Criminal Law Act 1977 (c. 45), section 50.
Section 20 was substituted by the Criminal Law Act 1977, section 56 and Schedule 10, and was amended by the Coroners Act 1980, section 1 and Schedules 1 and 2.
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