Coroners Act 1988

Coroners

Appointment of coroners

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Qualifications for appointment as coroner

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Terms on which coroners hold office

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Coroners' districts

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Jurisdiction of coroners

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Deputy coroners

Appointment of deputy coroners

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Functions of deputy coroners

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Inquests: general

Duty to hold inquest

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Qualifications of jurors

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Attendance of jurors and witnesses

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Proceedings at inquest

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Failure of jury to agree

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Inquests: special cases

Order to hold inquest

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• (1) This section applies where, on an application by or under the authority of the Attorney-General, the High Court is satisfied as respects a coroner (“the coroner concerned”) either—

• (a) that he refuses or neglects to hold an inquest or an investigation which ought to be held; or

• (b) where an inquest or an investigation has been held by him, that (whether by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, the discovery of new facts or evidence or otherwise) it is necessary or desirable in the interests of justice that an investigation (or as the case may by, another investigation) should be held.

• (2) The High Court may—

• (a) order an investigation under Part 1 of the Coroners and Justice Act 2009 to be held into the death either—

• (i) by the coroner concerned; or

• (ii) by a senior coroner, area coroner or assistant coroner in the same coroner area;

• (b) order the coroner concerned to pay such costs of and incidental to the application as to the court may appear just; and

• (c) where an inquest has been held, quash any inquisition on, or determination or finding made at that inquest.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of this section, “coroner” means a coroner appointed under section 1 of this Act, or a senior coroner, area coroner or assistant coroner appointed under the Coroners and Justice Act 2009.

• (5) This section does not apply in relation to a death that resulted directly from the Troubles (which has the same meaning as in Schedule 1A to the Coroners and Justice Act 2009 — see paragraph 4 of that Schedule).

Inquest out of jurisdiction

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Inquest where body destroyed or irrecoverable

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Adjournment of inquest in certain cases

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Provisions supplementary to section 16

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Inquests into road deaths in London

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Medical witnesses and post-mortem examinations etc.

Post-mortem examination without inquest

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Request to specially qualified person to make post-mortem and special examinations

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Summoning of medical witnesses and direction of post-mortem examinations

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Removal of body for post mortem examination

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Exhumation of body for examination

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Expenses and returns of inquests

Fees and allowances payable on holding inquest

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Payments to jurors

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Payment of expenses by coroner

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Accounts to be laid before relevant council

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Annual returns to be made to Secretary of State

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Miscellaneous

Coroner of the Queen’s household

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Treasure trove

30

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Provision of accommodation

31

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Supplemental

Power to make rules

32

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Savings for ex-officio coroners and judicial powers

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Application of Act to Isles of Scilly

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Interpretation

35

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Consequential amendments, repeals, transitional provisions and savings

36

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Short title, commencement and extent

37

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SCHEDULE 1

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Coroners’ pensions

2

• (1) On the retirement, after not less than five years’ service, of a coroner—

• (a) who held office as a coroner immediately before 6th April 1978; and

• (b) who did not elect in accordance with article 3(b) of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978 that the provisions of the Coroners (Amendment) Act 1926 relating to pensions should not apply to him,

(that is to say, a coroner who is not a pensionable employee for the purposes of the Local Government Superannuation Regulations 1986) the relevant council may, if either of the conditions mentioned in sub-paragraph (2) below is satisfied, grant to him a pension of such amount as may be agreed between him and the council not exceeding the scale contained in paragraph 3 below.

• (2) The said conditions are—

• (a) that the coroner has attained the age of sixty five years;

• (b) that the relevant council is satisfied by means of a medical certificate that the coroner is incapable of discharging his duties whether on mental or physical grounds and that such incapacity is likely to be permanent.

• (3) A coroner to whom this paragraph applies—

• (a) shall, at any time after he has completed fifteen years’ service and has attained the age of sixty-five years, vacate his office if required to do so by the relevant council; but

• (b) shall, in that case and in the absence of any agreement to the contrary, be entitled to receive the maximum pension which the council is empowered to grant him under this paragraph having regard to the length of his service.

• (4) A pension payable to a coroner under this paragraph shall be reduced by the amount of any additional component of his retirement pension (within the meaning of section 6(1)(b) of the Social Security Pensions Act 1975) which is payable to him.

• (5) In this paragraph “service” means service, whether before or after the commencement of this Act, as a coroner in the same administrative area; and for this purpose “administrative area” includes the City.

• (6) Notwithstanding the reproduction of article 3 of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978 as paragraphs (a) and (b) of sub-paragraph (1) above and of article 4 of that Order as sub-paragraph (4) above—

• (a) those provisions may be amended or repealed; and

• (b) any question as to the validity of those provisions may be determined,

as though they were contained in an order made under section 65 of the Social Security Act 1973.

Scale of pensions

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• (1) An annual pension not exceeding ten sixtieths of the last annual salary may be granted after the completion of five years’ service.

• (2) Where the completed service exceeds five years, there may be granted an annual pension not exceeding the aggregate of—

• (a) ten-sixtieths of the last annual salary; and

• (b) an amount not exceeding one-fortieth of that salary for each completed year’s service after five years,

so however that no such pension shall be of an amount exceeding two-thirds of that salary.

• (3) For the purposes of this paragraph the last annual salary of a coroner shall be taken to be the salary paid to him in his last completed year of service as coroner, after deducting so much (if any) of that salary as was paid to him with a view to his providing at his own expense for any necessary expenditure in connection with his duties as coroner.

• (4) If any dispute arises as to the amount to be deducted under sub-paragraph (3) above in computing the last annual salary of a coroner, the dispute shall be referred to the Secretary of State, whose decision shall be final.

Payment of salaries and pensions

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The salary of a coroner and any pension payable to a person in respect of his service as coroner shall be deemed to accrue from day to day and, in the absence of agreement to the contrary, shall be payable quarterly.

SCHEDULE 2

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SCHEDULE 3

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The Cremation Act 1902 (c. 8)

2

In section 10 of the Cremation Act 1902, for the words “the Coroners Act 1887, or any Act amending the same” there shall be substituted the words “ the Coroners Act 1988 ”.

The Births and Deaths Registration Act 1953 (c. 20)

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In section 22(3) of the 1953 Act, for the words from the beginning to “1926” there shall be substituted the words “ Except where an inquest is held into the death of the deceased person or a post-mortem examination of his body is made under section 19 of the Coroners Act 1988 ”.

4

• (1) Subsection (1) of section 23 of the 1953 Act shall cease to have effect.

• (2) In subsection (2) of that section, for the words “On receiving a certificate under the foregoing subsection” there shall be substituted the words

Where an inquest is held into a death and the registrar receives under section 11(7) of the Coroners Act 1988 a certificate under the coroner’s hand— (a) giving information concerning the death; and (b) specifying the finding with respect to the particulars required to be registered concerning the death and with respect to the cause of death,

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• (3) After that subsection there shall be inserted the following subsection—

(2A) Where an inquest into a death is adjourned under section 16 of the Coroners Act 1988 and the registrar receives from the coroner under subsection (4) of that section a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars required to be registered concerning the death, the registrar shall in the prescribed form and manner register the death and the particulars.

• (4) In subsection (3) of that section, for the words from the beginning to “examination, and” there shall be substituted the words “ Where a post-mortem examination is made of a body under section 19 of the Coroners Act 1988 and the registrar receives from the coroner under subsection (3) of that section a certificate under his hand stating the cause of death as disclosed by the report of the person making the examination, ”.

5

In section 29(4)(b) of that Act, for the words “section 20(4) of the Coroners (Amendment) Act 1926” there shall be substituted the words “ section 16(4) of the Coroners Act 1988 ” and for the words “section 20(1)” there shall be substituted the words “ section 16(1) ”.

The Army Act 1955 (c. 18)

6

In section 128(2) of the Army Act 1955, for the words “The Coroners Acts 1887 to 1926” there shall be substituted the words “ The Coroners Act 1988 ”.

7

In section 214(4) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

8

In section 215(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

The Air Force Act 1955 (c. 19)

9

In section 128(2) of the Air Force Act 1955, for the words “The Coroners Acts 1887 to 1926” there shall be substituted the words “ The Coroners Act 1988 ”.

10

In section 212(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

11

In section 213(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

The Naval Discipline Act 1957 (c. 53)

12

In section 82(1) of the Naval Discipline Act 1957, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

13

In section 123(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “ the Coroners Act 1988 ”.

The Criminal Justice Act 1967 (c. 80)

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The Pensions (Increase) Act 1971 (c. 56)

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In paragraph 61 of Schedule 2 to the Pensions (Increase) Act 1971, for the words “section 6 of the Coroners (Amendment) Act 1926 (county and borough coroners)” there shall be substituted the words “ paragraph 2 of Schedule 1 to the Coroners Act 1988 ”.

The Juries Act 1974 (c. 23)

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• (1) In subsection (2) of section 19 of the Juries Act 1974, for the words “the Coroners Act 1887, as amended by this Act” there shall be substituted the words “ the Coroners Act 1988 ”.

• (2) In subsection (5) of that section for the words “the Coroners Act 1887” there shall be substituted the words “ the Coroners Act 1988 ”.

The Magistrates' Courts Act 1980 (c. 43)

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At the end of Schedule 6A to the Magistrates’ Courts Act 1980 there shall be added the following entry—

CORONERS ACT 1988 (c.13) Sections 10(1) and (2) and 21(5) (refusal to give evidence etc.). £400

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The Local Government Act 1985 (c. 51)

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In section 60(4) of the Local Government Act 1985, for the words “section 6 of the Coroners (Amendment) Act 1926” there shall be substituted the words “ paragraph 2 of Schedule 1 to the Coroners Act 1988 ”.

SCHEDULE 4

Appointment of coroners.

4A

• (1)-(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) A senior coroner appointed for any coroner area in Wales—

• (a) shall for all purposes be regarded as a senior coroner for the whole of Wales; and

• (b) shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as a senior coroner for the whole of Wales.

• (9)-(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17A

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27A

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Terms on which coroners hold office.

The Cremation Act 1902 (c.8)

The Births and Deaths Registration Act 1953 (c.20)

The Army Act 1955 (c.18)

The Air Force Act 1955 (c.19)

The Naval Discipline Act 1957 (c.53)

The Pensions (Increase) Act 1971 (c.56)

The Juries Act 1974 (c.23)

The Magistrates’ Courts Act 1980 (c.43)

The Local Government Act 1985 (c.51)

Editorial notes

[^c8030211]: Act amended (24.9.1997) by 1996 c. 24, s. 7(3); S.I. 1997/1977, art. 2

[^c8030221]: Act restricted (temp. from 19.7.1996 to 31.3.1998) by S.I. 1996/1867, art. 4(2)(d)