Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697634109144.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BAEU3UDA Coroners (CAP.

105 1 CHAPTER 105 T H E CORONERS ACT Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

3.

Appointment of Coroners.

4.

Liability of Coroner.

5.

Notice of death to be given.

6.

Report of unnatural death by manager, etc.

7.

View of body by district medical officer.

8.

Report by district medical officer.

9.

Inquest after report.

10.

Inquest on prisoner.

11.

Inquest without report.

12.


Power to hold inquest without a jury in certain cases.

13.

Inquest into the death of two or more persons.

14.

Inquest where body destroyed or irrecoverable.

15.

Post-mortem examination without inquest.

16.

Provision for post-mortem and special examination.

17.

Removal of body for post-mortem examination.

18.

Jury how summoned.

19.

Refusal or neglect of jurors to perform duty.

20.

Oaths to be taken by jurors.

21.

View of body and burial order.

22.


Inquest to be judicial inquiry.

23.

Court not an open one.

24.

Counsel and solicitors.

25.

Proceedings at inquest: Evidence and Inquisition.

26.

Notice to Labour Commissioner of inquest in case of death by accident, &c. 27.

Transmission of finding.

28.

Duty of persons to attend inquest.

29.

Coroner may summon witnesses.

30.

Penalty in the case of witnesses.

31.

Refusal to enter into recognizance.

2 CAP.


105) Coroners LAWS OF ANTIGUA AND BARBUDA 32.

Inquest in cases of murder, manslaughter or infanticide.

33.

Warrant for apprehension.

34.

Bail for manslaughter.

35.

Order for production of person committed to or detain- ed in prison.

36.

Copies of depositions.

37.

Recognizances.

38.

Burial without warrant prohibited.

39.

Medical practitioner not to issue certificate of death in certain cases.

40.

Power to exhume.

41.

Inquest as to fire.


42.

Inquest on treasure-trove.

43.

Director of Public Prosecutions may require inquest to be held.

44.

Director of Public Prosecutions may order further investigation.

45.

Ordering Coroner to hold inquest.

46.

Records of proceedings to be sent to Director of Public Prosecutions.

47.

Deposit of inquisitions, &c. 48.

Fees for post-mortem examinations, etc.

49.

Contempt of Court.

50.

Obstruction.

5 1.

How fines to be levied.

52.


Power to make rules.

53.

Forms SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 3 CORONERS (31st ]anuary, 1950.)

1111949.

711951.

S.R.O.

2211956.

S.R.O.

4611981.

S.I.

3911989.

1.

This Act may be cited as the Coroners Act.

short title.

2.

In this Act- Interpretation.
"Coroner" includes a Deputy Coroner; "murder" includes the offence of being an accessory before the fact to a murder; "unnatural death" includes every case of death of any person- (a) which occurs in a sudden, violent, or unnatural manner; or (6) where a dead body is found; or (c) as to which any reasonable suspicion exists that the same has not arisen from natural causes; or (4 as to which any reasonable suspicion exists that any person is criminally responsi- ble for such death; "view" includes the making of any necessary external examination.
3.

The Magistrates shall be Coroners for their respec- g,p,":Eyt tive districts, and as Coroners may act for or assist each other in the performance of their duties: Provided that the Governor-General may, when he shall think fit, appoint Deputy Coroners in any of the districts; which Deputy Coroners shall possess and exercise all the powers and shall perform all the duties of, and be subject to the same penalties for non-performance as, the Coroners.

4 CAP.
4 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA Liability of Coroner.

4.

A Coroner who is guilty of extortion or of corrup- tion, or of wilful neglect of his duty, or of misbehaviour in the discharge of his duty shall be guilty of a misdemeanour and shall be liable to a fine not exceeding five thousand dollars.

Notice of death to be given.

5 .


( 1 ) Every person who becomes aware of an un- natural death shall forthwith give notice thereof to the nearest Coroner, or to the nearest police station, or to the medical officer of the district in which such death occurs.

(2) Where any unnatural death is reported to, or comes to the knowledge of, any police officer, he shall forthwith cause information thereof to be made to the nearest Coroner.
(3) A body in respect of which such notice is given shall not be moved or have its position altered, except so far as is necessary for the safe custody thereof: Provided that any medical practitioner who has been called in any case of unnatural death may, in cases where there are no circumstances of suspicion and where he is unable to view the body within a reasonable time, order the removal of such body to such place as may be named by him.
(4) O n the death of any person confined in any prison, mental hospital or other place of lawful detention, the keeper, superintendent or person in charge shall at once report such death to the nearest Coroner.

(5) Every person becoming aware of any unnatural death who neglects to notify the same as required by this section or contravenes the provisions of subsection (3), shall be liable, on summary conviction to a fine not exceeding five hundred dollars.

6.
6.

The manager of any estate, the keeper, superinten- Report of unnatural death by manager, etc.

dent or person in charge of any public institution, and the owner or occupier of any house or premises on or in which any unnatural-death shall take place, shall notify the same to the nearest Coroner or to the nearest police station or to the medical officer of the district in which such death occurs.

LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 5 7.
105 5 7.

The district medical officer shall view, and, if he View of body by district medical deems it necessary for the purposes of this Act, make a post- off;,e,.
mortem examination of the unburied body of any deceased person within his district- ( a ) as to whom such district medical officer has ground for believing that he died an unnatural death; or ( b ) who died while confined as a prisoner in any prison; or (c) whose body the Coroner, within whose district the body is, directs such district medical officer to view.

8.

Where the district medical officer has viewed the Report by body of any deceased person, he shall make a report as to officer.
the cause of death to the Coroner within whose district the view took place, and in such report he shall state whether in his opinion any further enquiry ought to be made as to the circumstances under which the deceased came by his death.

district medical 9.
A Comner having received the report of the district ::;' medical officer as to the cause of death of any deceased per- son, may issue his warrant for the burial of the deceased or, shall hold an inquest as to the cause and circumstances of such death in either of the following cases, that is to say- after ( a ) if the district medical officer reports that fur- ther inquiry ought to be made; or ( b ) if the circumstances of the case appear to the Coroner to render it proper to hold an inquest, although the district medical officer does not report that further inquiry ought to be made.
10.

A Comner, where there is in his district the body Er;:r-'" of any person who died in any prison or as to whose death an inquest is prescribed, shall hold an inquest as to the cause and circumstances of such death, whether the district medical officer does or does not make a report thereon.

11.

Where a Coroner has reasonable ground to ::;::;It without believe or suspect that any deceased person whose body is within his district died an unnatural death, if he thinks the 6 CAP.
105) Coroners LAWS OF ANTIGUA AND BARBUDA circumstances of the case so require, he may, at any time and without waiting for the report of the district medical officer, hold an inquest as to the cause and circumstances of the death of such deceased person.

Power to hold inquest without a jury in certain cases.

12.
12.

(1) Subject to the provisions of this section, a Cor- oner within whose district the dead body of a person is lying may, in lieu of issuing his warrant for the summoning of a jury in the manner required by section 18, for the purpose of inquiring into the death of that person, hold an inquest on the body without a jury.
(2) If it appears to the Coroner either before he pro- ceeds to hold an inquest or in the course of an inquest begun without a jury, that there is reason to suspect- (a) that the deceased came by his death by murder, manslaughter or infanticide; or ( b ) that the death occurred in prison or in such place or in such circumstances as to require an inquest with a Jury under any other Act; or ( c ) that the death was caused by an accident, poisoning or disease notice of which is required to be given to a government department or to any inspector or other officer of a government department, under or in pursuance of any Act; or (6) that the death was caused by an accident aris- ing out of the use of a vehicle in a street or public highway; or ( e ) that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public or any section of the public; he shall proceed to cause a jury to be summoned in the man- ner required by section 18, and in any other cause, if it appears to him, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, and there is any reason for summoning a jury, he may proceed to cause a jury to be summoned in the manner aforesaid.
(3) The provisions of this Act relating to the procedure in connection with an inquest shall, as respects an inquest LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 7 or any part of an inquest which is held without a jury, have effect subject to such modifications as are rendered necessary by the absence of a jury, and where the whole of an inquest is held without a jury the inquisition shall be under the hand of the Coroner alone.
(4) Where an inquest or any part of an inquest is held without a jury, anything done at the inquest, or at that part of the inquest, by or before the Coroner alone shall be as validly done as if it had been done by or before the Coroner and a jury.

13.

A Coroner may hold one inquest into the cause Inquest into the death of two or of death of two or more persons whose death appears to him to have been caused by the same accident or occurrence.

persons.

14.
persons.

14.

Where a Coroner has reason to believe that a Inquest where body destroyed ;rre,o,er,b~e.
death has occurred in such circumstances that an inquest ought to be held, and that owing to the destruction of the body by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, an inquest cannot be held except by virtue of the provisions of this sec- tion, he may report the facts to the Governor-General, and the Governor-General may, if he considers it desirable so to do, direct an inquest to be held touching the death, and an inquest shall be held accordingly, and for that purpose the provisions of this Act shall apply with such modifica- tions as may be necessary in consequence of the inquest being held otherwise than on or after view of the body.
15.

(1) Where a Coroner is informed that the dead Post-mortem examination inquest.
body of a person is lying within his district and there is reasonable cause to suspect that the person has died a sud- den death of which the cause is unknown, if the Coroner is of opinion that a post-mortem examination may prove an inquest to be unnecessary, he may direct the medical officer of the district in which the body is so lying or any other registered medical practitioner, to make a post-mortem examination of the body of the deceased and to report the result thereof to him in writing.
(2) If as a result of such post-mortem examination the Coroner is satisfied that an inquest is unnecessary, he shall send to the Registrar of Births and Deaths of the district 8 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA whose duty it is by law to register the death, a certificate under his hand stating the cause of death as disclosed by the report and issue his warrant authorizing the burial of the deceased.
(3) Nothing in this section shall be construed as authorizing the Coroner to dispense with an inquest in any case where there is reasonable cause to suspect that the deceased has died an unnatural death, or has died in any prison, or place of confinement or in any mental hospital or other place of lawful detention.

Provision for post-mortem and special examination.

16.
(1) Notwithstanding the provisions of section 7 and section 15 the Coroner may, at any time after he has decided to hold an inquest, request any registered medical practitioner to make- (a) a post-mortem examination of the body of the deceased; ( 6 ) a special examination by way of analysis, test or otherwise of such parts or contents of the body or such other substances or things as ought in the opinion of the Coroner to be submitted to analyses, tests or other special examination with a view to ascertaining how the deceased came by his death.
(2) If any person who has made such post-mortem or special examination as aforesaid is summoned by the Coroner as a witness, he may be asked to give evidence as to his opinion upon any matter arising out of the examination, and as to how in his opinion the deceased came by his death.
(3) If it shall appear to the Coroner that the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other per- son, that medical practitioner or other person shall not be allowed to perform or assist at any post-mortem or special examination made for the purposes of the inquest on the deceased, but such medical practitioner or other person shall have the right, if he so desires, to be represented at any such post-mortem examination.
LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 9 17.

Where by the direction or at the request of a Cor- Removal of body for post-mortem oner a post-mortem examination of a body is to be made, e,,m;nat;on~ the Coroner may order the removal of the body to any place which may be provided for the purpose.

JURY 18.

(1) Where by this Act a Coroner is required to Jury summoned.
how hold an inquest he shall subject to the provisions of section 12 issue his warrant directed to the senior officer of police and other police officers of the district where the body lies, requiring him or them to summon five good and lawful men to appear before him at a specified time and place, there to inquire as jurors touching the death of such person as aforesaid.
(2) O n receipt of such warrant the said senior officer, or in his absence such other police officer as shall be in charge of the police station in the district, shall summon such five good and lawful men as aforesaid which summons shall be served personally, or by leaving a copy at the usual place of abode of the juror, and shall deliver a list of the persons so summoned to the Coroner at the inquest.
(3) No person shall be summoned to serve as a juror or on any inquest on a death of any person confined in any prison or place of confinement or in any mental hospital or any other place of lawful detention, who is confined in or connected with the management or service of such prison, place of confinement, asylum or place of detention.
(4) If less than five jurors appear at the time and place so appointed for the inquest, the Coroner shall on proof of the service of the summons upon the absentee deal with him in manner hereinafter provided, after which he shall direct so many good and lawful men then present, or in the neighbourhood, to be impanelled as may be sufficient to com- plete the number of jurors required.

19.

Any person who- Refusal or neglect of jurors (a) being summoned as a juror on any inquest shall to pedorrn duty.
refuse or neglect to attend; or 10 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA ( 6 ) being in attendance on such summons shall refuse to be sworn or to serve as a juror; or ( c ) being called on to make u p a tales shall refuse to be sworn or to serve as a juror, shall be liable to a fine, to be imposed by the Coroner, not exceeding one hundred dollars.

20.

So soon as the Coroner and jurors at any inquest Oaths to be taken by Jurors.
have assembled, the Coroner shall call upon one to serve as foreman and they shall be sworn by or before him diligently to inquire touching the death of the person on whose body the inquest is about to be held, and a true verdict to give according to the evidence.

21.

(1) At or before the first sitting of an inquest on View of body and burial order.
a body the Coroner shall view the body, and if, before the body has been buried, the Coroner so directs, or a majority of the jury so desires, the body shall be viewed by the jury also : Provided that, where a previous inquest on the body has been begun but not completed, it shall not be obligatory upon the Coroner holding a subsequent inquest to view the body.
(2) T h e warrant of a Coroner authorizing the burial of a body upon which he has decided to hold an inquest may be issued at any time after he has viewed the body.

PROCEDURE UPON INQUESTS Inquest to be judicial inquiry.

22.

Every inquest under this Act shall be a judicial inquiry and may be held as well on Sunday as on any other day.

Court rlol an open one.

23.


The room or building in which a Coroner's Court is held shall not be deemed a n open Court, and it shall be lawful for such Coroner, in his discretion, to order that no person shall have access to, or be or remain in, such room or building, the jury excepted, without the consent or per- mission of such Coroner, if it appears to him that the ends of the inquiry will be best answered by so doing.

LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 11 24.
105 11 24.

No counsel or solicitor shall be entitled as of right Counsel solicitors.

and to appear in any proceeding before a Coroner's Court, but the Coroner may, if he shall think fit, on application, per- mit such appearance.

25.

(1) The Coroner shall, at the first sitting of the Proceedings at inquest, examine on oath touching the death all persons who Evidence and tender their evidence respecting the facts and all persons hav- Inquisition.
ing knowledge of the facts whom he thinks it expedient to examine.
inquest: (2) The evidence of every witness shall be taken down in writing in the form of a deposition, which shall be read over to the witness and signed by the Coroner and the witness, or, in case of the incapacity or refusal of the latter to sign the same, then by the Coroner and some other per- son in whose presence the deposition was taken; and such deposition shall be admissible in evidence in any proceedings in the cases in which and subject to the conditions under which in similar proceedings in England the like deposition taken by or before a Coroner in England would be admissi- ble in evidence.
This subsection shall not derogate from the admissibility in evidence of any such deposition independently of this Act.

(3) At the conclusion of each day's evidence the Cor- oner shall certify it in the following form- "The foregoing depositions of A.B., C.D., and E.F. were taken and sworn before me this day of 19 G.H., Coroner".
(4) After hearing the evidence the jury shall give their verdict, and certify it by an inquisition in writing, setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceas- ed came by his death, and if he came by his death by murder or manslaughter, the persons, if any, whom the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.
(5) If the jury at an inquest fail to agree on a unanimous verdict, the Coroner may accept the verdict of four of them 12 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA Notice to Labour Commissioner of inquest in case of death by accident, &c. and such majority shall, in that case, certify the verdict in accordance with the requirements of subsection (4).

(6) The inquisition shall be under the hands of the jurors who concur in the verdict, and of the Coroner.
(7) In any other case of disagreement the Coroner may discharge the jury and issue a warrant for summoning another jury, and thereupon the inquest shall proceed in all respects as if the proceedings which terminated in the disagreement had not taken place, except that it shall not be obligatory on the Coroner to view the body.
(8) A Coroner holding an inquest in any place may adjourn the inquest to another day, whether the same be Sunday or any other day, and order the adjourned inquest to be held in the same or any other place.

26.
(1) Where a Coroner holds an inquest on a body of any person whose death may have been caused by any accident or disease or any explosion, fire, collapse of buildings, accidents to machinery or plant, or other occur- rences in places where workers are employed, of which notice is required by any law in force in Antigua and Barbuda to be given to a Labour Commissioner, the Coroner shall adjourn the inquest unless the Labour Commissioner or some person authorized in that behalf by him is present to watch the proceedings, and shall, at least four days before holding the adjourned inquest, send to such Labour Commissioner notice in writing of the time and place of holding the adjourned inquest: Provided that the Coroner, before the adjournment, may take evidence to identify the body, and may order interment thereof.
(2) With respect to any such inquest as aforesaid the following persons, that is to say- (a) the Labour Commissioner aforesaid or some person authorized in that behalf by him; ( b ) any relation of the person in respect of whose death the inquest is being held; LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.
105 13 (c) the employer in whose employment the acci- dent or disease occurred or was contracted; (6) any person appointed in writing by the majority of the workers employed in the place of employment in which the deceased was employed; ( e ) any person appointed in writing by any Trade Union, organization of workers or other association of persons to which the deceased at the time of his death belonged or to which any worker employed in the said place of employment belongs; (f) any association of employers of which the said employer is a member, shall, subject to the power of the Coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor.
(3) If the Labour Commissioner or some person duly authorized by him is not present at any such adjourned inquest and evidence is given thereat of any neglect as hav- ing caused or contributed to the accident or disease, or of any defect in or about the place of employment appearing to the Coroner to require a remedy, the Coroner shall send to the Labour Commissioner notice in writing of the neglect or defect.

27.
27.

The Coroner after the termination of an inquest ~ ~ ; ~ s on any death shall send to the Registrar of Births and Deaths of the district whose duty it is by law to register the death the finding of the jury in writing.

of i o n 28.

It shall be the duty of all persons who are able r : z t , " , f r n s to give material evidence concerning any matter to be inguest.

inquired into at an inquest to attend the inquest at the time and place appointed and to give such evidence.

29.
29.

The Coroner may at any time summon such Coroner mar summon witnesses, as he deems necessary, touching the matter of the inquest.

14 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA Penalty in the ease of witnesses.

30.
30.

Any person who- (a) being summoned to attend as a witness on any inquest, shall refuse or neglect to attend; or (b) being present in Court, shall refuse to be sworn, or to give evidence; or (6) having given evidence, shall refuse to sign his or her deposition when required to do so; shall be liable to be committed for contempt, or to pay a fine, to be imposed by the Coroner, not exceeding one hun- dred dollars.

Refusal to enter into recognizance.

31.


Any person who shall refuse to enter into any recognizance required to be entered into under this Act, shall be liable to be committed for contempt, or to pay a fine, to be imposed by the Coroner, not exceeding one hundred dollars, or to be imprisoned until the return day of such recognizance unless the same is sooner entered into, or, in the discretion of the Coroner, to fine and imprisonment.

Inquest in cases of murder, manslaughter or infanticide.

32.
32.

(1) If on an inquest touching a death the Coroner is informed before the jury have given their verdict that some person has been charged before a Magistrate with the murder, manslaughter or infanticide of the deceased, he shall, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the criminal proceedings and may if he thinks fit discharge the jury.
(2) After the conclusion of the criminal proceedings the Coroner may, subject as hereinafter provided, resume the adjourned inquest if he is of opinion that there is sufficient cause to do so: Provided that, if in the course of the criminal proceedings any person has been charged on indictment, then upon the resumed inquest no inquisition shall charge that person with a n offence of which he could have been convicted on the indictment or contain any finding which is inconsistent with the determination of any matter by the result of those proceedings.
LAWS OF ANTIGUA AND BAKBUDA Coroners (CAP.

105 15 (3) Where a Coroner resumes an inquest which has been adjourned in accordance with the requirements of this sec- tion and the jury has been discharged, the Coroner shall proceed in all respects as if the inquest had not previously been begun, and the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest except that it shall not be obligatory on the Coroner to view the body.
(4) If, having regard to the result of the criminal pro- ceedings, the Coroner decides not to resume the inquest, he shall furnish the Registrar of Births and Deaths of the district whose duty it is by law to register the death with a certificate stating the result of the criminal proceedings and the particulars necessary for the registration of the death so far as they have been ascertained at the inquest, and the Registrar shall enter the death and particulars in the form and manner prescribed by the law for the time being in force.
(5) Where a Magistrate before whom a person is charged with murder, manslaughter or infanticide is not himself the Coroner who is responsible for holding an inquest upon the body, it shall be his duty to inform the Coroner so responsible of the making of the charge, and of the com- mittal for trial, or discharge, as the case may be, of the per- son charged, and it shall be the duty of the Registrar of the Supreme Court to which a person charged with murder, manslaughter or infanticide is committed for trial, and of the Registrar of the Court before which any appeal from a conviction of murder, manslaughter or infanticide is heard, to inform the Coroner of the result of the proceedings.
(6) For the purposes of this section, the expression "the criminal proceedings" means the proceedings before a Magistrate and before any Court to which the accused per- son is committed for trial or before which an appeal from the conviction of that person is heard, and criminal pro- ceedings shall not be deemed to be concluded until no fur- ther appeal can be made.

33.

Where a Coroner's inquisition charges any per- ~;;'h",~~~,.
son with murder, manslaughter or infanticide, the Coroner shall, if the person is at large issue his Warrant for his 16 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA Bail for manslaughter.

apprehension and committal to prison, or, if he be already in prison, the Coroner shall issue a Warrant of Detainer addressed to the keeper of the prison in which the accused is confined.

34.
In every case in which a Coroner's jury shall have found a verdict of manslaughter or infanticide against any person or persons, it shall be lawful for the Coroner before whom the inquest was taken to accept bail, if he shall think fit, with good and sufficient sureties for the appearance of the person or persons against whom such verdict was returned at the preliminary inquiry whereat he is charged with the offence of manslaughter or infanticide, and thereupon such person, if in custody of any officer of the Coroner's Court, or in any prison under a warrant of commitment issued by such Coroner, shall be discharged therefrom.
35.

Whenever any person who has been committed Order for production of person committed to prison on the Coroner's Warrant is required to undergo to Or detained in a preliminary examination before a Magistrate, such prison.
Magistrate may issue an Order, addressed to the keeper of the prison in which such prisoner is confined, directing him to produce such prisoner at the time and place named in such Order and such prisoner shall be deemed during his progress to and from, and his attendance at, such exarnina- tion to be in lawful custody.

Copies of depositions.

Recognizances.

36.


A person against whom a Coroner's jury have found a verdict of murder, manslaughter or infanticide shall be entitled to have from the person having for the time be- ing the custody of the inquisition or of the depositions of the witnesses at the inquest, copies thereof on payment of a reasonable sum for the same, not exceeding the rate of three cents for every folio of ninety words.

37.
37.

Where a verdict or finding of murder, manslaughter or infanticide is returned against any person, it shall be the duty of the Coroner to bind by recognizances every witness who has been examined at the inquest to appear at the hearing of the preliminary inquiry of the accused, then and there to give evidence, and the said recognizance being duly acknowledged by the person entering into the same, shall be subscribed by the Coroner.

LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 17 38.
105 17 38.

(1) No minister or other person shall knowingly Burial without bury, or allow to be buried, the body of any person who prohibited.

died an unnatural death or under circumstances calling for the interposition of a Coroner, without the production, at or before the time of the funeral of a warrant of a Coroner authorizing such burial.
warrant (2) Any minister or other person who contravenes the provisions of this section shall be liable on summary convic- tion to a fine not exceeding one thousand dollars.

39.
39.

No certificate of the cause of death shall be issued Medical by any registered medical practitioner in any case where, to issue to his knowledge, the deceased died an unnatural death or certificate of where such death shall have occurred under circumstances cases, which require a report to be made to the Coroner or where the Coroner is informed of a sudden death of which the cause is unknown.

practitioner not death in certain 40.

(1) A Coroner may, if he thinks fit, and whether Power to exhume.
an inquest is pending or not, order that the body of any deceased person be exhumed, and direct that it be viewed and if necessary anatomically examined by a registered medical practitioner.

(2) The Attorney-General may at any time by his war- rant order the exhumation of a body and the examination thereof when, in his opinion, the ends of justice will be advanced.

41.
Whenever it shall appear to a Coroner that a fire i:zyt to has occurred in his district causing injury to person or pro- perty, or in respect of which there is reasonable ground to suspect that an offence has been committed, such Coroner may, in his discretion, hold an inquest as to the cause and circumstances of such fire; and all the provisions of this Act relating to an inquest into the cause of death, shall, so far as the same are applicable, apply to an inquest into the cause of fire: Provided that the Coroner shall hold such an inquest if so directed in writing by the Attorney-General.
18 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA Inquest on treasure-trove.

42.

A Coroner shall have jurisdiction to inquire of treasure that is found, who were the finders, and who is suspected thereof and the provisions of this Act so far as is consistent with the tenor thereof, shall apply to every such inquest.

43.
43.

(1) The Director of Public Prosecutions may Director of Public prosecutions may require any Coroner to hold an inquest into the cause of, and the circumstances connected with, the death of any per- require inquest to be held.

son, and may so require any Coroner to hold such inquest although an inquest with respect to the same death may have been already commenced, or held, or returned, and every Coroner so required shall have full power to, and shall, hold such inquest.
(2) Where the Director of Public Prosecutions requires any Coroner to hold any inquest and an inquest with respect to the same death is in the course of being held, or has been held, by any other Coroner all proceedings at, or founded on, such last mentioned inquest shall be stayed.

44.
44.

Where the proceedings at any inquest have been Director of Public Prosecutions may closed by the Coroner, and it appears to the Director of Public Prosecutions that further investigation is necessary, the Direc- order further investigation.
tor of Public Prosecutions may require such Coroner to re-open such inquest and make further investigation, and thereupon the Coroner shall have all power to, and shall re-open the inquest and make further investigation, and thereafter proceed in the same manner as if the proceedings at such inquest had not been closed by the Coroner: Provided that the provisions of this section shall not apply to any inquest at which any verdict or finding of murder, manslaughter or infanticide has been returned against any person therein named.
Ordering Coroner to hold inquest.

45 (1) Where- (a) a Coroner refuses or neglects to hold an inquest or further investigation as required by sections 43 and 44; or (6) the Director of Public Prosecutions is satisfied that a Coroner has held an inquest and that by reason LAWS OF ANTIGUA AND BARBUDA Coroners ( C A P .
105 19 of fraud, rejection of evidence, irregularity of pro- ceedings, insufficiency of inquiry or otherwise, it is necessary or desirable, in the interests of justice, that another inquest should be held; the Supreme Court may order an inquest to be held touching the said death, and may, if the Court think it just, order the said Coroner to pay such costs of and incidental to the application as to the Court may seem just, and where an inquest has been already held may quash the inquisition on that inquest.
(2) The Court may order that such inquest shall be held either by the said Coroner or by any other Coroner of Antigua and Barbuda, and the Coroner ordered to hold the inquest shall for that purpose have the same powers and jur- sidiction as, and be deemed to be, the said Coroner.
(3) Upon any such inquest, if the case be one of death, it shall not be necessary, unless the Court otherwise order, to view the body, but save as aforesaid the inquest shall be held in like manner in all respects as any other inquest under this Act.

(4) Any power vested by this section in the Supeme Court may, subject to any rules of Court, be exercised by any Judge of that Court.

46.
46.

All inquisitions and records of proceedings at any Records of inquest shall be transmitted to the Director of Public Pro- secutions within seven days at the latest after the inquest ; ~ ~ , b ~ o n s .

is closed.

proceedings to be to ~i~~~~~~ 47.

The Director of Public Prosecutions may deposit E~pc~t~.fi~, gic.

- in the office of the Registrar of the Suvreme Court all inquisitions and records of proceedings at any inquest.
The Registrar shall cause a register to be kept of every such docu- ment so deposited, and shall cause an alphabetical index of the same to be made.

48.

When any registered medical practitioner is ",':si:: post- ordered or required to make any post-mortem or anatomical examinations, examination of the dead body of any person under this Act etc.

he shall be entitled to receive a fee of fifteen dollars and twelve LAWS OF ANTIGUA AND BARBUDA CAP.
105) Coroners and such fee shall be paid by the Accountant-General of Antigua and Barbuda.

Contempt of Court.

49.


Any person who obstructs or impedes the pro- ceedings in any Coroner's Court, or wilfully insults the Cor- oner or any officer of the Court, or wilfully misbehaves himself in such a manner as to interfere with the proceedings, shall be liable to be committed for contempt or to a fine, to be imposed by the Coroner, not exceeding two hundred and fifty dollars, and, in either case, to be removed from the Court.

Obstruction.

50.
Any person who- (a) shall obstruct the Coroner, or his jury, in any view or inquest; or (6) shall wilfully do any act with the view of defeating the object of the inquest; or (c) shall obstruct or annoy any medical practitioner in the performance of any post-mortem examination or other duty imposed upon him by the Coroner; or (6) shall obstruct or impede the disinterment or burial of any body ordered by the Coroner to be disinter- red or buried; shall be guilty of an indictable offence, and shall be liable to imprisonment not exceeding twelve months, or, to a fine not exceeding three thousand dollars, or to both such fine and imprisonment at the discretion of the Court.
How fines to be levied.

51.

A list of all fines imposed by the Coroner shall be signed by him and returned into the Magistrate's Court to be levied and disposed of in the same manner as fines inflicted in such Court.

Power to make rules.

5 2 .


The Minister may make rules for regulating the practice and procedure at or in connection with inquests and post-mortem examinations and, in particular (without pre- judice to the generality of the foregoing provision) such rules may provide- LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 2 1 (a) as to the procedure at inquests held without a jury; and ( b ) as to the procedure to be followed where a Cor- oner decides not to resume a n adjourned inquest.

53.
53.

The forms in the Schedule may be used in all Forms- matters to which they apply, and when so used shall be suf- ficient in law.

Where any form required by this Act is not contained in the Schedule, the Coroner shall follow as nearly Schedule- as possible the forms which would be adopted in England under similar circumstances.

SCHEDULE Ss.
SCHEDULE Ss.

9,15 (Anttgua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District 19 , the body of Whereas I am credibly informed that, on the day of was found dead at in this district and am satisfied of the cause and that no inquest of death of the said touching his death should be held; these are therefore to certify that you may permit the body of the said to be buried, and for your so doing this is your warrant.

Given under my hand this day of 19 Coroner.

To LAWS OF ANTIGUA AND BARBUDA CAP.


105) Coroners (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District T o the Senior Oflicer of Police and all other police officers of Antigua and Barbuda.
By virtue of my office, these are, in Her Majesty's name, to charge and command you that, on sight hereof, you summon and warn five good and lawful men of the said district personally to be and appear before me on instant, at in the said district, then and there to do and to execute all such things as shall be given them in charge, on behalf of our Sovereign ; and for so Lady the Queen, touching the death of doing this is your Warrant: of the clock in the day, the noon, at day of And that you also attend at the time and place above men- tioned to make a return of those you shall so summon: And further to do and execute such other matters as shall be then and there enjoined you: And have you then and there this Warrant.
Given under my hand at this day of , in the said district, .
, 19 A B., Coroner (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District day, the By virtue of a Warrant under the hand of A.B., Esquire, Her Majesty's Coroner for this district, you are hereby summoned personally to be and appear before him as a juryman on o'clock , in the said district, of the then and there to inquire on Her Majesty's behalf touching the death of ; and further to do and execute such matters and things as shall be then and there given you in charge, and depart not without leave.
noon precisely, at instant, at day of LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.

105 2 3 Hereof fail not at your peril.

Dated this day of 19 .

C. D., of Police.

To M r .

E. F., of (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District I, the undersigned Coroner, do hereby authorize the burial whose late of of the body of death was reported to me on the 19 inquest jury].

, and whose body has been viewed by me* [and by the day of Given under my hand this day of , 19 .
Coroner *Strike out if inapplicable (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District Whereas I am credibly informed that you can give evidence on behalf of our Sovereign Lady the Queen touching the death of 1 or ] in *[whose body has been viewed by me at this district.

*[now lying dead at 24 CAP.


105) Coroners LAWS OF ANTIGUA AND BARBUDA These are therefore, by virtue of my office, in Her Majesty's, name to charge and command you personally to be and appear , at before me at of the clock instant, then and there to give evidence and be examined on Her Majesty's behalf, before me and my inquest, touching the premises.

in this district day of .m on the Hereof fail not at your peril.

Given under my hand this day of 19 .

Coroner.
To *Strike out whichever inapplicable (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District AN INQUISITION taken for our Sovereign Lady the Queen 19 day of , in the said district, on , [and by adjournment on the at the (or as the case may require)] before A B., day of Esquire, Coroner of our said Lady the Queen for the said district, of C.D., E.F., G.H., I.J., K.L., upon the oath (or and affirmation) good and lawful men of Antigua and Barbuda, duly sworn to inquire for our Lady the Queen, touching the death of M.N.
(or of a person to the jurors unknown) and upon view of his body [by me] ;* and those of the said jurors whose names are hereunto subscribed upon their oaths do say that &c., kc.

(Here follows the finding) And the jurors aforesaid do further say that the said M.N.

at the time of his death was a years and a male person of the age of LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.
105 I N WITNESS WHEREOF as well the said Coroner as the jurors have hereunto subscribed their hands the day and year first above written.

A.

B .

Coroner C .

D .

Foreman E.F. G.H.

I.J.

K.L.

'Strike out if inapplicable.


(Antkua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District AN INQUISITION taken for our Sovereign Lady the Queen 19 day of , in the said district, on , [and by adjournment on the (or as the case may require)] by me A.B., at the day of Esquire, Coroner of our said Lady the Queen for the said district.

on view by me of the body of C.D.

(or of a person to me unknown) as to his death, and I, the said A.B.
do say- (Here set out the circumstances of the death) (Here set out the conclusion of the Coroner as to the death) And I, the said A.B., do further say that the said C.D.

at the years time of his death was a male person of the age of and a I N WITNESS WHEREOF I, the said A.B., have hereunto subscribed my hand the day and year first above written.

Coroner.

26 CAP.
Coroner.

26 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA WARRANT OF APPREHENSION S. 33 (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District To all Police Oficers ofAntigua and Barbuda, and to all others Her Mqesty 's Officers of the Peace within Antigua and Barbuda.
Whereas by an Inquisition taken before me Coroner for the said district in Antigua and Barbuda on view of then and there lying dead, the body of , stands one charged with the wilful murder (or as the case may be) of the said of These are therefore, by virtue of my office in Her Majesty's name, to charge and command you and every of you, that you, or some or one of you, without delay, do apprehend and bring before me the said Coroner, or one of Her Majesty's Justices of the Peace of Antigua and Barbuda, the body of the said of whom you shall have notice that he may be dealt with according to law; and for your so doing this is your warrant.
Given under my hand and seal this day of 19 Coroner.

[L.S.]
(Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District T o the Police Offtcers and other Her Majesty's Officers of the Peace for Antigua and Barbuda and also to the Superintendent of Her Majesty's Prison at Whereas by an Inquisition taken before me 9 Coroner for the said district in Antigua and Barbuda, the day and year hereunder mentioned on view of the body of then and there lying dead, one of stands charged with the wilful murder (or as the case may be) of the said LAWS OF ANTIGUA AND BARBUDA Coroners (CAP.
105 2 7 These are therefore, by virtue of my office, in Her Majesty's name, to charge and command you, or any of you, forthwith safely to Her Majesty's Prison to convey the body of the said , and safely deliver the same to the Superintendent at of the said Prison; and these are likewise by virtue of my said office, in Her Majesty's name to will and require you the said into your Superintendent, to receive the body of the said custody, and him safely to keep in the said Prison until he shall be thence discharged by due course of law; and for your so doing this is your warrant.
Given under my hand and seal this day of 19 Coroner.

[L.S.]
(Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District T o the Superintendent of Her Majesty's Prison at Whereas you have in your custody the body of ; and whereas by an Inquisition taken before me, Coroner for the said district, the day and year on view of the body of hereunder written, at district then and there lying dead, he the said stands charged with the wilful murder (or as the case may be) of the said These are therefore by virtue of my office; in Her Majesty's name, to charge and command you to detain and keep in your until he shall be custody the body of the said thence discharged by due course of law; and for your so doing this is your warrant.
Given under my hand and seal this day of 19 Coroner.

[ L. S . ]

28 CAP.

105) Coroners LAWS OF ANTIGUA AND BARBUDA ORDER TO BRING UP PRISONERS FOR EXAMINATION S. 35 (Antigua and Barbuda Coat of Arms) ANTIGUA AND BARBUDA District To the Superintendent of Her Majesty's Prison at Whereas I am informed that A.B.

is now detained in the said Prison under your custody, by authority of a warrant of commit- Esquire, Her ment under the hand and seal of , in Antigua Majesty's Coroner for district and Barbuda.
Now these are to require and command you, by virtue of the power vested in me under the provisions of the Coroners Act, to produce before me the body of the said A.B., under safe and , on secure conduct, at the Magistrate's Court, at day of o'clock in the noon, there to answer a certain charge or information of felony lodged against him, and so from day to day until he shall have answered the said charge, and be further dealt wilh according to law.

day, the ,19 at And for so doing this is your warrant.
Given under my hand and seal this day of 19 District Magistrate [ L .

S. ]