30/11/2019
Overview
The Coroner & Coroners (Amendment) Act 2019 ODN Conference – 30 th November 2019 Dr Edward Mathews, RNID, LL.B, LL.M, Ph.D., BL Director of Professional and Regulatory Services
• Role of the Coroner • Investigation
– Post‐Mortem & Potential Inquest
• Mandatory Reporting • Who must report? • When will an Inquest be held? • The Inquest process • Giving evidence • Preparation • Key reforms under the Coroners (Amendment) Act 2019
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Role of the Coroner • State official who must be either legally qualified or medically qualified, or both • And who makes legal determinations in relation to the cause of death and circumstances of death • The central role of the coroner is the investigation and certification of death in circumstances where there is some question or lack of clarity concerning that death • In essence ‐ where there are unexpected or unexplained deaths
Role of the Coroner • In many cases the coroner needs to do little more than satisfy themselves that no further inquiry is necessary • However, where necessary they have powers to facilitate a broader investigation or inquest
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Role of the Coroner ‐ Investigation • The investigation will generally take the form of a post‐mortem • Whereas the inquest is a formal exercise where the coroner, with or without a jury, hears sworn evidence to establish the cause of death without apportioning blame
Role of the Coroner – Post‐Mortem • In terms of a post‐mortem, there is a general discretion invested in the coroner as to whether one is necessary • However, section 21 of the 2019 Act inserts section 33B which directs certain cases where a post‐mortem must take place
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