Part of a comprehensive analysis of the Coroners Act 2010
All Parts in This Series
Adjournment and Resumption of Coroner’s Inquiry Amidst Criminal Proceedings
The Coroners Act 2010 provides a clear framework for managing the interface between coroner’s inquiries and criminal proceedings. Section 39(1) mandates that when criminal proceedings related to a death are ongoing, the Coroner must adjourn the inquiry until those proceedings conclude. This provision exists to prevent any conflict or inconsistency between the findings of the criminal court and the coroner’s inquiry, thereby preserving the integrity of both processes.
> "(1) ... the Coroner is to adjourn the inquiry until after the conclusion of the criminal proceedings." — Section 39(1), Coroners Act 2010
Verify Section 39 in source document →
Once the criminal proceedings have concluded, the Coroner may resume the inquiry under Section 39(2). However, the Coroner is expressly prohibited from making any findings that contradict the results of the criminal proceedings. This limitation ensures that the coroner’s findings do not undermine or conflict with judicial determinations, maintaining legal consistency and public confidence in the justice system.
> "(2) ... the Coroner is to continue with the inquiry ... provided that at the resumed inquiry no finding is to be made which is inconsistent with the result of those criminal proceedings." — Section 39(2), Coroners Act 2010
Verify Section 39 in source document →
Endorsement and Forwarding of Certificates When Inquiry Is Not Resumed
If the Coroner decides not to resume the inquiry after the conclusion of criminal proceedings, Section 39(3) requires the Coroner to endorse the Coroner’s record and certificate accordingly. The Coroner must then forward copies of the certificate to both the Public Prosecutor and the Commissioner of Police. This procedural step ensures that key stakeholders are formally informed of the status and outcome of the inquiry, facilitating any further necessary legal or administrative action.
> "(3) ... the Coroner is to — (a) endorse the Coroner’s record and the certificate required under section 42 accordingly; and (b) send to the Public Prosecutor and the Commissioner of Police each a copy of the certificate mentioned in section 42." — Section 39(3), Coroners Act 2010
Verify Section 39 in source document →
Duty of Courts to Inform Coroner of Criminal Proceedings Results
Section 39(4) imposes a duty on courts and registrars to inform the Coroner of the results of any criminal proceedings related to the death under inquiry. Specifically, the District Judge, Magistrate, or Registrar of the Supreme Court must notify the Coroner. This provision exists to ensure that the Coroner is kept fully apprised of developments in related criminal cases, enabling timely and informed decisions regarding the inquiry’s continuation or adjournment.
> "(4) ... it is the duty of — (a) the District Judge or Magistrate ...; or (b) the Registrar of the Supreme Court ... to inform the Coroner ... of the result of the criminal proceedings ..." — Section 39(4), Coroners Act 2010
Verify Section 39 in source document →
Adjournment of Inquiry When Commission or Committee of Inquiry Is Appointed
Section 40(1) addresses situations where a commission or committee of inquiry is appointed under the Inquiries Act 2007 to investigate the death. In such cases, the Coroner must adjourn the inquiry until the commission or committee completes its investigation. This provision prevents duplication of efforts and respects the primacy of specialized inquiries, ensuring that the Coroner’s inquiry does not interfere with or preempt the findings of the appointed commission or committee.
> "40. —(1) If ... a commission of inquiry or committee of inquiry is appointed ... the Coroner is to adjourn his or her inquiry until after the conclusion of the inquiry by that commission or committee." — Section 40(1), Coroners Act 2010
Change of Coroner and Continuation of Inquiry
Section 41 provides for the substitution of a Coroner in circumstances where the original Coroner is unable to hold, complete, or re-open an inquiry. This ensures continuity and prevents procedural delays in the investigation of deaths. The provision recognises the practical realities of judicial administration and safeguards the timely completion of inquiries.
> "41. If a Coroner — (a) who has viewed a body ... is unable to hold the inquiry himself or herself; (b) is at any time unable to complete the inquiry himself or herself; or (c) is unable to re-open an inquiry ... another Coroner may hold, continue or re-open the inquiry ..." — Section 41, Coroners Act 2010
Coroner’s Certificate: Completion, Signing, and Forwarding
Upon conclusion of an inquiry, Section 42(1) requires the Coroner to complete and sign a certificate detailing the findings. This certificate must be forwarded within 48 hours to the Registrar-General and the Public Prosecutor. The Registrar-General uses the certificate to register the death under the Registration of Births and Deaths Act 2021, while the Public Prosecutor may use it for prosecutorial or administrative purposes. This provision ensures that official records are promptly updated and that relevant authorities receive timely notification of the inquiry’s outcome.
> "42. —(1) Where an inquiry is held into the death of any person, the Coroner must complete and sign a certificate ... and must, within 48 hours after the conclusion of the inquiry, forward a copy of the certificate to — (a) the Registrar-General ...; and (b) the Public Prosecutor." — Section 42(1), Coroners Act 2010
Forwarding of Transcripts and Exhibits to Public Prosecutor
Section 43 mandates that at the conclusion of any inquiry, the Coroner must, upon request by the Public Prosecutor, deliver the transcript of evidence, any exhibits produced, and a signed list of all exhibits. This provision facilitates the Public Prosecutor’s access to all relevant materials for potential criminal proceedings or other legal actions. It underscores the collaborative relationship between the Coroner’s office and prosecutorial authorities in the administration of justice.
> "43. At the conclusion of any inquiry ... the Coroner must, at the request of the Public Prosecutor, deliver to the Public Prosecutor — (a) the transcript of the evidence ...; (b) any exhibit produced in evidence; and (c) a list signed by the Coroner of all exhibits produced in evidence." — Section 43, Coroners Act 2010
Verify Section 43 in source document →
Definition of “Criminal Proceedings” in the Context of Coroner’s Inquiries
Section 39(5) defines “criminal proceedings” for the purposes of the Act. It includes proceedings before a Magistrate at committal, trials in any court, and appeals from such trials. Importantly, criminal proceedings are not considered concluded until all appeals are exhausted. This comprehensive definition ensures that the Coroner’s inquiry is appropriately adjourned until the entire criminal process is complete, avoiding premature findings that could conflict with ongoing judicial determinations.
> "(5) In this section, “criminal proceedings” means the proceedings before — (a) a Magistrate at any committal proceeding; (b) any court by which a person is tried; or (c) any court before which an appeal from the decision of the court mentioned in paragraph (b) is heard, and criminal proceedings are not to be deemed to be concluded until no further appeal can be made in the course of them." — Section 39(5), Coroners Act 2010
Verify Section 39 in source document →
Cross-References to Other Legislation
The Coroners Act 2010 cross-references several other statutes to ensure coherence in the legal framework governing death investigations:
- Workplace Safety and Health Act 2006 (Part 4): This part relates to investigations into workplace deaths, which may intersect with coroner’s inquiries.
- Inquiries Act 2007: Governs the appointment and conduct of commissions or committees of inquiry, which may supersede coroner’s inquiries under Section 40.
- Registration of Births and Deaths Act 2021: The Registrar-General’s role in death registration is linked to the Coroner’s certificate as per Section 42(1)(a).
> "Part 4 of the Workplace Safety and Health Act 2006," — Section 39, Coroners Act 2010 > "commission of inquiry or committee of inquiry is appointed under the Inquiries Act 2007" — Section 40(1), Coroners Act 2010 > "the Registrar-General, together with such other particulars as are required by the Registrar‑General for the purpose of registering the death under the Registration of Births and Deaths Act 2021;" — Section 42(1)(a), Coroners Act 2010
Verify Section 39 in source document →
Absence of Penalties for Non-Compliance in the Provided Provisions
The sections analysed (Sections 39 to 43) do not specify penalties for non-compliance with the procedural requirements set out therein. This absence suggests that enforcement mechanisms or penalties may be governed by other provisions within the Coroners Act or related legislation. The focus of these sections is primarily on procedural duties and inter-agency cooperation to ensure thorough and consistent death investigations.
Conclusion
The provisions in Sections 39 to 43 of the Coroners Act 2010 establish a robust procedural framework to manage coroner’s inquiries in the context of concurrent criminal proceedings and other inquiries. They ensure that inquiries are adjourned to avoid conflicting findings, provide for continuity of inquiry through substitution of Coroners, mandate timely completion and forwarding of certificates, and facilitate cooperation with prosecutorial authorities. The detailed definition of “criminal proceedings” and cross-references to related legislation further enhance the clarity and effectiveness of the death investigation process.
Sections Covered in This Analysis
- Section 39, Coroners Act 2010
- Section 40, Coroners Act 2010
- Section 41, Coroners Act 2010
- Section 42, Coroners Act 2010
- Section 43, Coroners Act 2010
- Part 4, Workplace Safety and Health Act 2006 (cross-reference)
- Inquiries Act 2007 (cross-reference)
- Registration of Births and Deaths Act 2021 (cross-reference)
Source Documents
For the authoritative text, consult SSO.