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CORONERS’ LAW RESOURCE
Copyright Notice, Limited Permissions, and
Disclaimers
CORONERS RULES 1984,
SI 1984 No 552
1 Citation and commencement
These Rules may be cited as the Coroners Rules 1984 and shall come into operation
on 1st July 1984.
2 Interpretation
(1) In these Rules, unless the context otherwise requires--
["the 1988 Act" means the Coroners Act 1988];[1]
"appropriate officer" has the same meaning as it has in [section 9
of the 1988 Act];[2]
"chief officer of police" means the chief officer of police for the
area in which the coroner's jurisdiction is comprised;
"coroner" includes a deputy and assistant deputy coroner;
"deceased" means the person upon whose body a post-mortem examination
is made or touching whose death an inquest is held or the person whose death
is reported to the coroner, as the case may be;
"enforcing authority" has the same meaning as it has in section 18(7)
of the Health and Safety at Work etc. Act 1974;
"hospital" means any institution for the reception and treatment of
persons suffering from illness or mental disorder, any maternity home, and any
institution for the reception and treatment of persons during convalescence;
"industrial disease" means a disease prescribed under section 76 of
the Social Security Act 1975;
"inquest" means an inquest for the purpose of inquiring into the death
of a person;
"legal proceedings" includes proceedings for the purpose of obtaining
any benefit or other payments under the provisions of the Social Security Act
1975 relating to industrial injuries or under section 5 of the Industrial Injuries
and Diseases (Old Cases) Act 1975;
"pneumoconiosis medical board" and "pneumoconiosis medical panel"
have the same meanings as they have in the Social Security (Industrial Injuries)
(Prescribed Diseases) Regulations 1980;
"post-mortem examination" means a post-mortem examination which a
legally qualified medical practitioner is directed or requested by a coroner
to make under [sections 19 to 21 of the 1988 Act];[3]
"registrar" means a registrar of births and deaths;
[...][4]
"special examination" has the same meaning as it has in [section 20(4)
of the 1988 Act].[5]
(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 Revocations and application
(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 Coroner to be available
at all times
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 Delay in making
post-mortem to be avoided
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 Medical practitioner
making post-mortem
(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
7 Coroner to notify
persons of post-mortem to be made
(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 Persons attending
post-mortem not to interfere
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 Preservation of
material
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 Report on post-mortem
(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 Premises for post-mortems
(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 Preservation of
material
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 Report on special
examination
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 Issue of burial
order
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 Burial order where
certificate for disposal of body issued
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 Formality
Every inquest shall be opened, adjourned and closed in a formal manner.
17 Inquest in public
Every inquest shall be held in public:
Provided that the coroner may direct that the public be excluded from an inquest
or any part of an inquest if he considers that it would be in the interest of
national security so to do.
18 Days on which inquest
not to be held
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 Coroner to notify
persons of inquest arrangements
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 Entitlement to
examine witnesses
(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 [an authorised advocate as defined by section 119(1) of the Courts and
Legal Services Act 1990]:[6]
Provided that--
(a) the chief officer of police, unless interested otherwise than in that capacity,
shall only be entitled to examine a witness by [such an advocate];[7]
(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 Examination of witnesses
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 Self-incrimination
(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 Adjournment where
inspector or representative of enforcing authority etc. is not present
(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 Notice to person
whose conduct is likely to be called in question
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 Adjournment where
person whose conduct is called in question is not present
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 Request by chief
officer of police for adjournment
(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 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 Request by Director of Public Prosecutions for adjournment
(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 Coroner to adjourn
in certain other cases
(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 Coroner to furnish
certificate after adjournment
A certificate under the hand of a coroner stating the particulars which under
[the Births and Deaths Registration Act 1953][8] are required to be
registered concerning a death which he furnishes to a registrar of deaths under
[section 16(4) of the 1988 Act][9]
shall be furnished within five days from the date on which the inquest is adjourned.
30 Coroner's interim certificate of the fact of death
When an inquest has been adjourned for any reason and [section 16(4) of the
1988 Act][10] 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 Coroner to furnish certificate stating result of criminal proceedings
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
16(5) or 16(7) of the 1988 Act][11] shall be furnished within twenty-eight
days from the date on which he is notified of the result of the proceedings
under [section 17][12]
of that Act or, if the person charged with an offence before a magistrates'
court as mentioned in [section 17][13] 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 17][14]
of the result of the proceedings in the magistrates' court.
32 Effect of institution
of criminal proceedings
Subject to [sections 16 and 17 of the 1988 Act],[15] an inquest shall
not be adjourned solely by reason of the institution of criminal proceedings
arising out of the death of the deceased.
33 Coroner to notify persons as to resumption of, and alteration of arrangements
for, adjourned inquest
(1) If an inquest which has been adjourned in pursuance of [sections 16 to 17A
of the 1988 Act][16] 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 Recognizance of witness or juror becoming void
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 Coroner to notify
Crown Court officer of adjournment in certain cases
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
[sections 16 and 17 of the 1988 Act][17] shall inform the
appropriate officer of the Crown Court at the place where the person charged
is to be tried of such adjournment.
36 Matters to be ascertained at inquest
(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 Documentary evidence
(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.
[37A. Public inquiry
findings
(1) Notwithstanding the
provisions of Rule 37, at an inquest resumed after having been adjourned pursuant
to section 17A of the 1988 Act, the coroner may admit documentary evidence relevant
to the purposes of the inquest and containing the findings of the public inquiry
to which section 17A(1)(a) refers.
(2) Before admitting such documentary evidence, the coroner shall at the beginning
of the resumed inquest announce publicly-
(a) that the findings of the public inquiry may be admitted,
(b) the title, date of publication and a brief account of those findings, and
(c) 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.
(3) Any documentary evidence admitted under this Rule shall, unless the coroner
otherwise directs, be read aloud at the inquest.][18]
38 Exhibits
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 Notes of evidence
The coroner shall take notes of the evidence at every inquest.
40 No addresses as
to facts
No person shall be allowed to address the coroner or the jury as to the facts.
41 Summing-up and
direction to jury
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 Verdict
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 Prevention of similar
fatalities
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 Summoning of jurors
Subject to the provisions of these Rules, the person to whom the coroner's warrant
is issued under [section 8 of the 1988 Act][19]
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 Method of summoning
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 Notice to accompany
summons
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 9 of the 1988 Act][20] 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 Withdrawal or alteration
of summons
If it appears to the appropriate officer, at any time before the day on which
any person summoned under [section 8 of the 1988 Act][21]
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 Summoning in exceptional circumstances
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 9 of the 1988 Act][22]
and for excusals) to make up such number.
49 Excusal for previous jury service
(1) If a person summoned under [section 8 of the 1988 Act][23]
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 Certificate of attendance
A person duly attending to serve on a jury in compliance with a summons under
[section 8 of the 1988 Act][24] shall be entitled on application
to the appropriate officer to a certificate recording that he has so atterided.
51 Excusal for certain persons and discretionary excusal
(1) A person summoned under [section 8 of the 1988 Act][25]
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 Discharge of summons in case of doubt as to capacity to act effectively
as a juror
Where it appears to the appropriate officer, in the case of a person attending
in pursuance of a summons under [section 8 of the 1988 Act][26],
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 Saving for inquests held by the coroner of the Queen's household
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 Register of deaths
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 Retention and delivery
or disposal of exhibits
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 Retention and delivery
of documents
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:
Provided that the coroner may deliver any such document to any person who in
the opinion of the coroner is a proper person to have possession of it.
57 Inspection of,
or supply of copies of, documents etc.
(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 19 of the 1988 Act][27] 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 Deputy or assistant deputy to sign documents in own name
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 Transfer of documents
etc. to next-appointed coroner
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 Forms
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.
SCHEDULE 1
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Rules revoked
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References
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The Coroners Rules
1953
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S.I. 1953/205
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The Coroners Rules
1956
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S.I. 1956/1691
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The Coroners (Amendment)
Rules 1974
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S.I. 1974/2128
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The Coroners (Amendment)
Rules 1977
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S.I. 1977/1881
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The Coroners (Amendment)
Rules 1980
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S.I. 1980/557
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The Coroners (Amendment)
(Savings) Rules 1980
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S.I. 1980/668
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The Coroners (Amendment)
Rules 1983
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S.I. 1983/1539
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SCHEDULE 2
POST-MORTEM EXAMINATION REPORT
Rule 10
THIS REPORT IS CONFIDENTIAL.
IT SHOULD NOT BE DISCLOSED TO A THIRD PARTY WITHOUT THE CORONER’S CONSENT
POST-MORTEM EXAMINATION REPORT Serial No:
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Name of deceased:
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Coroner
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Address (if known):
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Identified by:
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Place of examination:
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Date and time of examination:
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Observers present at examination:
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EXTERNAL EXAMINATION *
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Stated/Estimated date and time of death:
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Stated/Apparent age:
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Nourishment:
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Marks of identification (tattoos, old scars,
etc):
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Body surface and musculo-skeletal system,
including injuries:
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INTERNAL EXAMINATION *
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Central nervous system
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( Skull:
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Cranial cavity
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( Brain:
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( Meninges:
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( Cerebral vessels:
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Respiratory system**
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( Larynx:
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( Trachea:
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( Bronchi:
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( Plurae:
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( Lung parenchyma:
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Thoracic cavity
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( Cardio-vascular system
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( Heart:
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( Weight:
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( Valves:
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( Myocardium:
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( Pericardium:
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( Coronary arteries:
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( Great vessels:
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Alimentary system
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Mouth:
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Tongue:
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Oesophagus:
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( Stomach and contents:
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( Duodenum
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( Intestines:
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( Liver and gall bladder
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Abdominal cavity
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( Pancreas:
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( Peritoneum:
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( Genito-urinary system
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( Kidneys and ureters:
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( Bladder and urine:
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( Generative organs:
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Reticulo-endothelial system
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Spleen:
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Lymph nodes:
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Thymus:
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Endocrine system
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Thyroid:
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Pituitary:
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Adrenals:
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In my opinion the cause of death was:
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I
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I
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Disease of condition directly leading to
death***
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(a)...............................................................
due to (or as a consequence of)
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Antecedent causes.
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(b).............................................................
due to (or as a consequence of)
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Morbid conditions, if any, giving rise to
the above cause (stating the underlying condition last)
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(c).............................................................
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II
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II
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Other significant conditions contributing
to the death but NOT related to the disease or condition causing it****
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Morbid conditions present but in the pathologist’s
opinion NOT contributing to the death:
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Is any further laboratory examination to
be made which may affect the cause of death? YES/NO
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Comments:
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To the best of my knowledge no cardiac pacemaker
remains in the body.
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Signature and qualifications
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Name (in block letters)
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NOTES:
*Descriptions of injuries
or of complex pathology may be attached on a separate sheet, provided it is
properly identified and signed.
**In cases of suspected
pneumoconiosis (or one of the other occupational diseases affecting the lungs)
see “Notes on completing the post-mortem examination report form” obtainable
from the coroner.
*** This does not mean
the mode of dying, such as (eg) heart failure, asphyxia, asthenia, etc. It means
the disease, injury or complication which caused death.
**** Conditions which
did not in the pathologist’s opinion contribute materially to the death should
NOT be included under this heading, but under “Morbid conditions present but
in the pathologist’s opinion NOT contributing to the death”.
SCHEDULE 3
REGISTER OF DEATHS REPORTED TO THE
CORONER
Rule 54
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Date on which death
is reported to coroner
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Particulars of
deceased
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Cause of death
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State whether case
disposed of by using Pink Form A or B or whether inquest was held
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Verdict at inquest
(if any)
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Full name and address
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Age
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Sex
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SCHEDULE 4
FORMS
Rule 60
Form 1
Form of declaration of office of coroner
I, A.B., solemnly, sincerely,
and truly declare and affirm that I will well and truly serve our Sovereign
Lady the Queen and Her liege people in the office of coroner for this county
of , and that I will diligently and truly do everything appertaining to my office
to the best of my power for the doing of right, and for the good of the inhabitants
within the said county.
Form 2
Warrant to exhume
To
(insert
the names of the Minister and churchwardens or other persons having power of
control over the churchyard, cemetery, or other place in which the body is buried).
Whereas I, A.B., one
of Her Majesty’s coroners for the of am credibly informed that the body of one,
C.D., has been recently buried in (insert the name of the churchyard, cemetery
or other place in which the body is buried), and it appears to me that it
is necessary for the body to be examined for the purpose of (my holding an inquest
touching the death of the deceased) (my discharging one of my functions in relation
to the body or death of the deceased, namely (insert function): )
I hereby order you to
cause the body of the said C.D. to be disinterred for that purpose.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. ..
Form 3
Warrant to summon jury
To the Coroner’s officer
and to each and all of the constables of . You are hereby commanded to summon
jurors to appear before me on (state day of week) the (state date)
day of 19 , at a.m./p.m. at (state place).
Dated
this day of 19 .
Signature .. .. .. ..
.. .. .. .. ..
Coroner for .. .. ..
.. .. .. ..
Form 4
Summons to juror
To
By virtue of a warrant
of A.B., one of Her Majesty’s coroners for the of you are hereby summoned to
appear before him as a juror on (state day of week) the (state date)
day of 19 , at a.m./p.m. at (state place) until you are no longer needed.
You must attend at the
time and place shown above unless you are told by the officer authorised by
the Coroner that you need not do so.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. ..
Coroner’s Officer/Constable
.. .. .. .. .. .. ..
YOU MUST COMPLETE THE
ATTACHED FORM AND RETURN IT TO (insert name of officer authorised by the
Coroner) IN THE ENVELOPE PROVIDED WITHIN THREE DAYS OF THE RECEIPT OF THIS
SUMMONS.
WARNING: YOU WILL BE
LIABLE TO A FINE IF YOU—
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1 refuse to give
the information necessary to decide if you are qualified to serve on a
jury;
2 deliberately
give false information or cause or permit false information to be given;
3 fail to attend
for jury service or refuse without reasonable excuse to serve as a juror;
or
4 serve on a jury
knowing you are not qualified to do so.
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Form 5
Notice to accompany summons and rely thereto
This form should be returned
in the envelope provided within three days of receiving it.
Surname .. .. .. .. ..
.. .. .. .. .. .. .. .. .. ..
Forename(s) .. .. ..
.. .. .. .. .. .. .. .. .. .. Date of Birth .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. ..
Address .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. ..
.. .. .. .. .. .. .. .. .. . .. .. Telephone number .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. ..
(If possible
please give a telephone number where you can be contacted between 9 am and 5
pm)
INFORMATION GIVEN WILL
BE TREATED IN THE STRICTEST CONFIDENCE
YOU ARE QUALIFIED for
jury service if you—
(a)
are [not less than eighteen nor more than seventy years of age];[28]
(If you will be under
eighteen on or have reached your [seventieth][29] birthday by
the date on which your appearance is required you will NOT be eligible to serve
as a juror.)
(b)
are registered as a parliamentary or local government elector;
(c)
have lived in the United Kingdom, the Channel Islands or the Isle
of Man for a period of at least five years since attaining the age of thirteen;
and
(d)
are not one of the persons described in Parts I and II of Schedule
1 to the Juries Act 1974.*
1 Are you QUALIFIED to
serve as a juror? Please tick appropriate box.
YES NO
If you have answered
NO to question 1, please answer question 2 and sign the form at the end.
If you have answered
YES and wish to apply to be excused from jury service on this occasion, please
go on to 3 below and then sign the form at the end.
2 I AM NOT QUALIFIED
to serve on a jury because—
3 YOU ARE ENTITLED TO
BE EXCUSED if you fall within any of the categories of persons specified in
Part III of Schedule 1 to the Juries Act 1974** (although you may serve if you
want to).
YOU MAY BE EXCUSED at
the discretion of the Coroner or of the officer authorised by the Coroner on
grounds such as poor health, illness, physical disability, insufficient understanding
of English, holiday arrangements or for any other good reason.
I WISH TO BE EXCUSED
from jury service on this occasion because—
(If
you are in any doubt as to whether you may be excused from jury service please
write to the officer authorised by the Coroner at the address on the front of
the summons.)
When you attend as a
juror you may be discharged if there is doubt as to your capacity to serve on
a jury because of physical disability or insufficient understanding of English.
I HAVE READ THE WARNING
IN THE SUMMONS AND THE INFORMATION I HAVE GIVEN IS TRUE.
Signed .. .. .. .. ..
.. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. ..Dated .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
* See List 1 attached.
** See List 2 attached.
Form 6
Certificate of attendance
Name of Juror
I hereby certify that
the above-named Juror (attended to serve) (served) on a jury at an inquest held
before A.B., one of Her Majesty’s coroners for the of
*Delete as required *on/*from
*to
(and I
further certify that in the opinion of the Coroner it would be reasonable and
proper that he/she should be exempt from service on a jury in a coroner’s court
for a period of years from .)
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .
Officer authorised by
the Coroner.
[Form 7
Form of oath of juror
I swear by Almighty God
that I will diligently inquire on behalf of our Sovereign Lady the Queen into
the death of C.D. and give a true verdict according to the evidence.
NOTE: If a person wishes
to affirm, or swear in Scottish form or in any other form authorised by law,
this oath shall be modified accordingly.][30]
Form 8
Summons to witness
To
You are hereby summoned
to appear before me on (state day of week) the (state date) day
of 19 , at am/pm at (state place) to give evidence touching the death
of C.D.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Form 9
Oath of witness
I swear by Almighty God
that the evidence which I shall give shall be the truth, the whole truth and
nothing but the truth.
NOTE: If a person wishes
to affirm, or swear in Scottish form or in any other form authorised by law,
this oath shall be modified accordingly.
Form 10
Direction to medical practitioner to make a post-mortem examination
To
I hereby direct you,
in pursuance of [section 19 or 21 of the Coroners Act 1988],[31] to make a post-mortem
examination of the body of C.D and to report the result thereof to me in writing.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Form 11
Certificate of fine
I hereby certify that
I have imposed a fine of upon E.F. for that he being duly summoned to appear
as a juror [witness] at an inquest held before [by] me on the day of 19 .
*did not, after being
openly called three times, appear to such summons.
*refused, without reasonable
excuse, to serve as a juror.
*refused, without lawful
excuse, to answer a question put to him.
* Delete as required
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. ..
Form 12
Form of recognizance—witnesses or jurors
G.H. of acknowledges
that he/she owes to our Sovereign Lady the Queen the sum of, payment thereof
to be enforced against him/her by due process of law if he/she fails to comply
with the following condition.
Taken before me the day
of 19 .
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. ..
Condition
If the said G.H. (on
receiving notice) appears at an inquest touching the death of C.D. to be held
on the day of next at , or on such other date or at such other place as may
be notified to him/her, and there gives evidence (makes further inquiry as a
juror) touching the said death, then this recognizance shall be void but otherwise
shall remain in full force.
Form 13
Notice of inquest arrangements
To
I hereby given you notice
that the inquest touching the death of C.D. will take place on (state day
of week) the (state date) day of 19, at am/pm at (state place).
Dated this day of 19
.
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. ..
Form 14
Coroner’s interim certificate of the fact of death
To whom it may concern.
(Name) ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. of (address) ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. died on .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
The precise medical cause
of death * was as follows/* has yet to be established. .. .. .. .. .. .. ..
.. .. .. ..
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
*Delete whichever is
inapplicable.
Form 15
Notice that an inquest
which is adjourned in pursuance of [sections 16, 17 or 17A of the Coroners Act
1988][32] will
not be resumed
To whom it may concern.
(Name)..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. of (address) ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. died on .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
The precise medical cause
of death * was as follows/* has yet to be established. .. .. .. .. .. .. ..
.. .. .. ..
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
*Delete whichever is
inapplicable.
Form 16
Notice that an inquest which is adjourned in pursuance of [sections 16, 17 or
17A of the Coroners Act 1988][33] will be resumed
To
I hereby give you notice
that the inquest touching the death of C.D. will be resumed on (state day
of week) the (state date) day of 19 at am/pm at (state place)
(and that your attendance thereat is required).
Dated this day of 19
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. .. .. ..
Form 17
Notice that the attendance of a witness will not be required at the holding
of an adjourned inquest
To
I hereby give you notice
that your attendance at the adjourned inquest touching the death of C.D. to
be held on the day of 19 , will not be required.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. ..
Form 18
Notice that the date, hour or place fixed for the holding of an adjourned inquest
has been altered
To
I hereby give you notice
that the date/hour/place fixed for the holding of the adjourned inquest touching
the death of C.D. has been altered, and that the adjourned inquest will be held
on (state date and day of week) at am/pm at (state place) (and
that your attendance thereat is/is not required).
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. ..
Form 19
Certificate of forfeiture of recognizance
I hereby certify that
G.H. of was bound by recognizance taken by me on the day of 19 , in the sum
of for his appearance at an inquest held at on the day of 19 , to give evidence
(make further inquiry as a juror) touching the death of C.D., and the said G.H.
failed to appear in accordance with the condition of the said recognizance and
that the said recognizance is accordingly forfeited.
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. ..
Form 20
Order to remove body for inquest or post-mortem examination
To (undertaker or
other person as the case may be) I hereby authorise you to remove the body
of C.D., aged from to before the day of 19 .
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. ..
Form 21
Coroner’s order for burial
I hereby authorise the
burial of the body of C.D. aged late of who died at on .
Dated this day of 19
.
Signature .. .. .. ..
.. .. .. .. .. .. .. .. .. ..
Coroner for .. .. ..
.. .. .. .. .. .. .. .. .. ..
Form 22
Inquisition
An inquisition taken
for our Sovereign Lady the Queen at , in the county (or as the case may be)
of on the day of 19 , (and by adjournment on the day of 19 ,) (before and by
(1)) me A.B., one of Her Majesty’s coroners for the said county (or as the
case may be), (and the undermentioned jurors,) touching the death of C.D.
(a person unknown) (concerning a stillbirth).
The following matters
are found:—
1 Name of deceased (if
known):
2 Injury or disease causing
death:(2)
3 Time, place and circumstances
at or in which injury was sustained:(3)
4 Conclusion of the jury/coroner
as to the death:(4)
5 Particulars for the
time being required by the Registration Acts to be registered concerning the
death:
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(1)
|
(2)
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(3)
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(4)
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(5)
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(6)
|
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Date and place
of death
|
Name and surname
of deceased
|
Sex
|
Maiden surname
of woman who has married
|
Date and place
of birth
|
Occupation and
usual address
|
| |
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Signature of coroner
(and jurors) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. ..
NOTES
(1) Modify
this as necessary according to whether the inquest is held with or without a
jury or partly with and partly without a jury.
(2) In
the case of a death from natural causes or from industrial disease, want of
attention at birth, or dependence on, or non-dependent abuse of, drugs insert
the immediate cause of death and the morbid conditions (if any) giving rise
to the immediate cause of death.
(3) Omit
this if the cause of death is one to which Note 2 applies.
(4) (a)
Where the cause of death is one to which Note 2 applies, it is suggested that
one of the following forms be adopted:—
C.D. died from natural
causes.
C.D. died from the industrial
disease of
C.D. died from dependence
on drugs/non-dependent abuse of drugs.
C.D. died from want of
attention at birth.
(In any
of the above cases but in no other, it is suggested that the following words
may, where appropriate, be added:
“and the cause of death
was aggravated by lack of care/self-neglect”.)
(b) In
any other case except murder, manslaughter, infanticide or stillbirth, it is
suggested that one of the following forms be adopted:—
C.D. killed himself [whilst
the balance of his mind was disturbed].
C.D. died as a result
of an attempted/self-induced abortion.
C.D. died as a result
of an accident/misadventure.
[CD died
in the .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. disaster (insert name
of disaster which was subject of a public inquiry)][34]
Execution of sentence
of death.
C.D. was killed lawfully.
Open verdict, namely,
the evidence did not fully or further disclose the means whereby the cause of
death arose.
(c) In
the case of murder, manslaughter or infanticide it is suggested that the following
form be adopted:—
C.D. was killed unlawfully.
(d) In
the case of a stillbirth insert “stillbirth” and do not complete the remainder
of the form.
[4] Repealed by
S.I. 1999/3325, r 3 (d).
[6] Words substituted
by SI 1999/3325, r. 4 (a).
[8] Words substituted by SI 1999/3325, r 5.
[10] Words substituted by SI 1999/3325, r 6
[11] Words substituted by SI 1999/3325, r 7 (a).
[16] Word substituted
by SI 1999/3325, r 9.
[21] Words substituted
by SI 1999/3325, r 12.
[24] Words substituted
by SI 1999/3325, r 12.
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