30/11/2019
Role of the Coroner – Post‐Mortem • Mandatory post‐mortems where: – (a) the death of the person may, in the opinion of the coroner, have occurred in a violent or unnatural manner, or in suspicious circumstances; – (b) the death of the person may, in the opinion of the coroner, have occurred unexpectedly and from unknown causes or in an unexplained manner; – (c) the deceased person was, at the time of his or her death or immediately before his or her death, in State custody or detention; – (d) the death of the person was a maternal death or a late maternal death; – (e) the death of the person may, in the opinion of the coroner, have occurred in circumstances which, under provisions in that behalf in any other enactment, require that an inquest should be held; – (f) the death of the person occurred as a result of an accident at work or was due to an industrial or occupational injury or disease or industrial poisoning.
Role of the Coroner – Post‐Mortem • Mandatory post‐mortems where: – (a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (d) applies, – (b) a member of the Defence Forces not below the rank of commandant in a case of the death of a person who is subject to military law under the Defence Acts 1954 to 2015, – (c) a duly authorised officer of a statutory body who is empowered under another enactment to investigate accidents, incidents or diseases resulting in death in a case in which the body is investigating the accident, incident or disease resulting in the death concerned, or – (d) a designated officer of the Ombudsman Commission in a case in which there is a relevant Ombudsman Commission investigation, – requests him or her so to do, and states the reasons for such request in writing.
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Role of the Coroner ‐ Inquest • The object of an inquest, associated as it is with the role of the coroner, is to establish answers to
Role of the Coroner ‐ Inquest • The process establishes the facts surrounding the death, places these on the public record and answers the relevant questions. • While the coroner may make recommendations to prevent the reoccurrence of such deaths or recommendations that are desirable in the interests of public health and safety … • Neither the coroner nor inquest process may establish or apportion any blame for the death which occurred – either criminal or civil
four basic questions: – Who is the deceased?
– How did the deceased die? – When did the deceased die? – Where did the death occur?
– To the extent that the coroner holding the inquest considers it necessary, the circumstances in which the death occurred
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When must a death be reported to the Coroner? • There are wide range of cases in which a report must be made to a coroner, and these are determined in law and by local practice. • Essentially any sudden or unexplained death must be reported, and even in cases of suspected natural causes where the person has not been seen by a medical practitioner for a month prior to death
Section 9 – 2019 Act (s 16A) • (1) The following shall be a reportable death for the purposes of this Act (in this Act referred to as a ‘reportable death’): • (a) the death of a person which occurred, or may have occurred, either directly or indirectly— – (i) in a violent or unnatural manner or by unfair means, – (ii) by misadventure, – (iii) unexpectedly and from unknown causes or in an unexplainedmanner, – (iv) as a result of negligence,misconduct or malpractice on the part of others, or – (v) in such circumstancesas may, in the public interest, require investigation; • (b) the death of a person which occurred, or may have occurred, either directly or indirectly, from any cause other than natural illness or disease for which the person had been seen and treated by a registered medical practitioner within one month before his or her death; • (c) subject to paragraphs (a) and (b), the death of a person which occurred, or may have occurred, at a place or in circumstances which, under provisions in that behalf in any other enactment, require that an inquest should be held.
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