CORONERS PART I GENERAL Citation and commencement 1 These Rules may be cited as the Coroners Rules 1984 and shall come into operation on 1st July 1984. Interpretation 2 1 In these Rules, unless the context otherwise requires— “ the Act of 1887 ” means the Coroners Act 1887; “ the Act of 1926 ” means the Coroners (Amendment) Act 1926; “ appropriate officer ” has the same meaning as it has in section 3A of the Act of 1887 ; “ chief officer of police ” means the chief officer of police for the area in which the coroner's jurisdiction is comprised; “ coroner ” includes a deputy and assistant deputy coroner; “ deceased ” means the person upon whose body a post-mortem examination is made or touching whose death an inquest is held or the person whose death is reported to the coroner, as the case may be; “ enforcing authority ” has the same meaning as it has in section 18(7) of the Health and Safety at Work etc. Act 1974; “ hospital ” means any institution for the reception and treatment of persons suffering from illness or mental disorder, any maternity home, and any institution for the reception and treatment of persons during convalescence; “ industrial disease ” means a disease prescribed under section 76 of the Social Security Act 1975 ; “ inquest ” means an inquest for the purpose of inquiring into the death of a person; “ legal proceedings ” includes proceedings for the purpose of obtaining any benefit or other payments under the provisions of the Social Security Act 1975 relating to industrial injuries or under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975; “ pneumoconiosis medical board ” and “ pneumoconiosis medical panel ” have the same meanings as they have in the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1980 ; “ post-mortem examination ” means a post-mortem examination which a legally qualified medical practitioner is directed or requested by a coroner to make under section 21 of the Act of 1887 or under section 21(1) or 22(1) of the Act of 1926 ; “ registrar ” means a registrar of births and deaths; “ the Registration Acts ” has the same meaning as it has in the Act of 1887; “ special examination ” has the same meaning as it has in section 22(1) of the Act of 1926. 2 In these Rules any reference to a Rule or Schedule shall be construed as a reference to a Rule contained in these Rules, or, as the case may be, to a Schedule thereto; and any reference in a Rule to a paragraph shall be construed as a reference to a paragraph of that Rule. Revocations and application 3 1 Subject to paragraph (2), the Rules specified in Schedule 1 are hereby revoked. 2 These Rules shall not have effect in relation to any inquest begun before 1st July 1984 or to any post-mortem examination which, before that day, a coroner has directed or requested a medical practitioner to make; and, accordingly, the Rules revoked by paragraph (1) shall continue to have effect in relation to any such inquest or post-mortem examination. PART II AVAILABILITY OF CORONER Coroner to be available at all times 4 A coroner shall at all times hold himself ready to undertake, either by himself or by his deputy or assistant deputy, any duties in connection with inquests and post-mortem examinations. PART III POST-MORTEM EXAMINATIONS Delay in making post-mortem to be avoided 5 Where a coroner directs or requests that a post-mortem examination shall be made, it shall be made as soon after the death of the deceased as is reasonably practicable. Medical practitioner making post-mortem 6 1 In considering what legally qualified medical practitioner shall be directed or requested by the coroner to make a post-mortem examination the coroner shall have regard to the following considerations:— a the post-mortem examination should be made, whenever practicable, by a pathologist with suitable qualifications and experience and having access to laboratory facilities; b if the coroner is informed by the chief officer of police that a person may be charged with the murder, manslaughter or infanticide of the deceased, the coroner should consult the chief officer of police regarding the legally qualified medical practitioner who is to make the post-mortem examination; c if the deceased died in a hospital, the coroner should not direct or request a pathologist on the staff of, or associated with, that hospital to make a post-mortem examination if— i that pathologist does not desire to make the examination, or ii the conduct of any member of the hospital staff is likely to be called in question, or iii any relative of the deceased asks the coroner that the examination be not made by such a pathologist, unless the obtaining of another pathologist with suitable qualifications and experience would cause the examination to be unduly delayed; d if the death of the deceased may have been caused by any of the diseases or injuries within paragraph (2), the coroner should not direct or request a legally qualified medical practitioner who is a member of a pneumoconiosis medical panel to make the post-mortem examination. 2 The diseases and injuries within this paragraph are those in connection with which duties are from time to time imposed upon pneumoconiosis medical boards by Part III of the Social Security Act 1975 and any regulations made under that Act . Coroner to notify persons of post-mortem to be made 7 1 Where a coroner directs or requests a legally qualified medical practitioner to make a post-mortem examination, the coroner shall notify the persons and bodies set out in paragraph (2) of the date, hour and place at which the examination will be made, unless it is impracticable to notify any such persons or bodies or to do so would cause the examination to be unduly delayed. 2 The persons and bodies to be notified by the coroner are as follows:— a any relative of the deceased who has notified the coroner of his desire to attend, or be represented at, the post-mortem examination; b the deceased's regular medical attendant; c if the deceased died in a hospital, the hospital; d if the death of the deceased may have been caused by any of the diseases or injuries within Rule 6(2) (other than occupational asthma), the pneumoconiosis medical panel for the area; e if the death of the deceased may have been caused by any accident or disease notice of which is required by or under any enactment to be given— i to an enforcing authority, the appropriate inspector appointed by, or representative of, that authority; or ii to an inspector appointed by an enforcing authority, that inspector; f any government department which has notified the coroner of its desire to be represented at the examination; g if the chief officer of police has notified the coroner of his desire to be represented at the examination, the chief officer of police. 3 Any person or body mentioned in paragraph (2) shall be entitled to be represented at a post-mortem examination by a legally qualified medical practitioner, or if any such person is a legally qualified medical practitioner he shall be entitled to attend the examination in person; but the chief officer of police may be represented by a member of the police force of which he is chief officer. 4 Nothing in the foregoing provisions of this Rule shall be deemed to limit the discretion of the coroner to notify any person of the date, hour and place at which a post-mortem examination will be made and to permit him to attend the examination. Persons attending post-mortem not to interfere 8 A person attending a post-mortem examination by virtue of paragraph (3) or (4) of Rule 7 shall not interfere with the performance of the examination. Preservation of material 9 A person making a post-mortem examination shall make provision, so far as possible, for the preservation of material which in his opinion bears upon the cause of death for such period as the coroner thinks fit. Report on post-mortem 10 1 The person making a post-mortem examination shall report to the coroner in the form set out in Schedule 2 or in a form to the like effect. 2 Unless authorised by the coroner, the person making a post-mortem examination shall not supply a copy of his report to any person other than the coroner. Premises for post-mortems 11 1 No post-mortem examination shall be made in a dwelling house or in licensed premises. 2 Every post-mortem examination shall be made in premises which are adequately equipped for the purpose of the examination. 3 Where a person dies in a hospital possessing premises so equipped, any post-mortem examination of the body of that person shall, with the consent of the hospital authority, be made in those premises unless the coroner otherwise decides. 4 For the purpose of this Rule no premises shall be deemed to be adequately equipped for the purpose of post-mortem examinations unless they are supplied with running water, proper heating and lighting facilities, and containers for the storing and preservation of material. PART IV SPECIAL EXAMINATIONS Preservation of material 12 A person making a special examination shall make provision, so far as possible, for the preservation of the material submitted to him for examination for such period as the coroner thinks fit. Report on special examination 13 Unless authorised by the coroner, the person making a special examination shall not supply a copy of his report to any person other than the coroner. PART V BURIAL ORDERS Issue of burial order 14 An order of a coroner authorising the burial of a body shall not be issued unless the coroner has held, or has decided to hold, an inquest touching the death. Burial order where certificate for disposal of body issued 15 Where a coroner is satisfied that a certificate for the disposal of a body has been issued by a registrar, the coroner shall not issue an order authorising the burial of that body unless the certificate has been surrendered to him; and in such a case he shall on issuing the order transmit the certificate to the registrar and inform him of the issue of the order. PART VI INQUESTS Formality 16 Every inquest shall be opened, adjourned and closed in a formal manner. Inquest in public 17 Every inquest shall be held in public: Provided that the coroner may direct that the public be excluded from an inquest or any part of an inquest if he considers that it would be in the interest of national security so to do. Days on which inquest not to be held 18 An inquest shall not be held on Christmas Day, Good Friday, or a bank holiday unless the coroner thinks it requisite on grounds of urgency that an inquest should be held on such a day, and no inquest shall be held on a Sunday. Coroner to notify persons of inquest arrangements 19 The coroner shall notify the date, hour and place of an inquest to— a the spouse or a near relative or personal representative of the deceased whose name and address are known to the coroner; and b any other person who— i in the opinion of the coroner is within Rule 20(2); and ii has asked the coroner to notify him of the aforesaid particulars of the inquest; and iii has supplied the coroner with a telephone number or address for the purpose of so notifying him. Entitlement to examine witnesses 20 1 Without prejudice to any enactment with regard to the examination of witnesses at an inquest, any person who satisfies the coroner that he is within paragraph (2) shall be entitled to examine any witness at an inquest either in person or by counsel or solicitor: Provided that— a the chief officer of police, unless interested otherwise than in that capacity, shall only be entitled to examine a witness by counsel or solicitor; b the coroner shall disallow any question which in his opinion is not relevant or is otherwise not a proper question. 2 Each of the following persons shall have the rights conferred by paragraph (1):— a a parent, child, spouse and any personal representative of the deceased; b any beneficiary under a policy of insurance issued on the life of the deceased; c the insurer who issued such a policy of insurance; d any person whose act or omission or that of his agent or servant may in the opinion of the coroner have caused, or contributed to, the death of the deceased; e any person appointed by a trade union to which the deceased at the time of his death belonged, if the death of the deceased may have been caused by an injury received in the course of his employment or by an industrial disease; f an inspector appointed by, or a representative of, an enforcing authority, or any person appointed by a government department to attend the inquest; g the chief officer of police; h any other person who, in the opinion of the coroner, is a properly interested person. Examination of witnesses 21 Unless the coroner otherwise determines, a witness at an inquest shall be examined first by the coroner and, if the witness is represented at the inquest, lastly by his representative. Self-incrimination 22 1 No witness at an inquest shall be obliged to answer any question tending to incriminate himself. 2 Where it appears to the coroner that a witness has been asked such a question, the coroner shall inform the witness that he may refuse to answer. Adjournment where inspector or representative of enforcing authority etc. is not present 23 1 Where a coroner holds an inquest touching the death of a person which may have been caused by an accident or disease notice of which is required to be given to an enforcing authority, the coroner shall adjourn the request unless an inspector appointed by, or a representative of, the enforcing authority is present to watch the proceedings and shall, at least four days before holding the adjourned inquest, give to such inspector or representative notice of the date, hour and place of holding the adjourned inquest. 2 Where a coroner holds an inquest touching the death of a person which may have been caused by an accident or disease notice of which is required to be given to an inspector appointed by an enforcing authority, the coroner shall adjourn the inquest unless the inspector or a representative of the inspector is present to watch the proceedings and shall, at least four days before holding the adjourned inquest, give to the inspector or representative notice of the date, hour and place of holding the adjourned inquest. Notice to person whose conduct is likely to be called in question 24 Any person whose conduct is likely in the opinion of the coroner to be called in question at an inquest shall, if not duly summoned to give evidence at the inquest, be given reasonable notice of the date, hour and place at which the inquest will be held. Adjournment where person whose conduct is called in question is not present 25 If the conduct of any person is called in question at an inquest on grounds which the coroner thinks substantial and which relate to any matter referred to in Rule 36 and if that person is not present at the inquest and has not been duly summoned to attend or otherwise given notice of the holding of the inquest, the inquest shall be adjourned to enable him to be present, if he so desires. Request by chief officer of police for adjournment 26 1 If the chief officer of police requests a coroner to adjourn an inquest on the ground that a person may be charged with an offence within paragraph (3), the coroner shall adjourn the inquest for twenty-eight days or for such longer period as he may think fit. 2 At any time before the date fixed for the holding of the adjourned inquest, the chief officer of police may ask the coroner for a further adjournment and the coroner may comply with his request. 3 The offences within this paragraph are murder, manslaughter or infanticide of the deceased, an offence under section 1 of the Road Traffic Act 1972 committed by causing the death of the deceased and an offence under section 2(1) of the Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of the deceased. Request by Director of Public Prosecutions for adjournment 27 1 If the Director of Public Prosecutions requests a coroner to adjourn an inquest on the ground that a person may be charged with an offence (whether or not involving the death of a person other than the deceased) committed in circumstances connected with the death of the deceased, not being an offence within Rule 26(3), the coroner shall adjourn the inquest for twenty-eight days or for such longer period as he may think fit. 2 At any time before the date fixed for the holding of the adjourned inquest, the Director of Public Prosecutions may ask the coroner for a further adjournment and the coroner may comply with his request. Coroner to adjourn in certain other cases 28 1 If during the course of an inquest evidence is given from which it appears to the coroner that the death of the deceased is likely to be due to an offence within Rule 26(3) and that a person might be charged with such an offence, then the coroner, unless he has previously been notified by the Director of Public Prosecutions that adjournment is unnecessary, shall adjourn the inquest for fourteen days or for such longer period as he may think fit and send to the Director particulars of that evidence. 2 At any time before the date fixed for the holding of the adjourned inquest, the Director of Public Prosecutions may ask the coroner for a further adjournment and the coroner may comply with his request. Coroner to furnish certificate after adjournment 29 A certificate under the hand of a coroner stating the particulars which under the Registration Acts are required to be registered concerning a death which he furnishes to a registrar of deaths under section 20(4) of the Act of 1926 shall be furnished within five days from the date on which the inquest is adjourned. Coroner's interim certificate of the fact of death 30 When an inquest has been adjourned for any reason and section 20(4) of the Act of 1926 does not apply, the coroner shall on application supply to any person who, in the opinion of the coroner, is a properly interested person an interim certificate of the fact of death. Coroner to furnish certificate stating result of criminal proceedings 31 A certificate under the hand of a coroner stating the result of the relevant criminal proceedings which he furnishes to a registrar of deaths under section 20(5) or section 20(7) of the Act of 1926 shall be furnished within twenty-eight days from the date on which he is notified of the result of the proceedings under section 20(9) or section 20(10) of that Act or, if the person charged with an offence before a magistrates' court as mentioned in section 20(8) of that Act is not committed for trial to the Crown Court, within twenty-eight days from the date on which he is notified under the said section 20(8) of the result of the proceedings in the magistrates' court. Effect of institution of criminal proceedings 32 Subject to section 20 of the Act of 1926, an inquest shall not be adjourned solely by reason of the institution of criminal proceedings arising out of the death of the deceased. Coroner to notify persons as to resumption of, and alteration of arrangements for, adjourned inquest 33 1 If an inquest which has been adjourned in pursuance of section 20 of the Act of 1926 is not to be resumed, the coroner shall notify the persons within paragraph (4). 2 If an inquest which has been adjourned as aforesaid is to be resumed, the coroner shall give reasonable notice of the date, hour and place at which the inquest will be resumed to the persons within paragraph (4). 3 Where a coroner has fixed a date, hour and place for the holding of an inquest adjourned for any reason, he may, at any time before the date so fixed, alter the date, hour or place fixed and shall then give reasonable notice to the persons within paragraph (4). 4 The persons within this paragraph are the members of the jury (if any), the witnesses, the chief officer of police, any person notified under Rule 19 or 24 and any other person appearing in person or represented at the inquest. Recognizance of witness or juror becoming void 34 Where any witness or juror who has been bound over to attend at an adjourned inquest, whether without further notice or conditionally on receiving further notice, is notified by the coroner that his attendance at the adjourned inquest is not required or that the inquest will not be resumed, the recognizance entered into by him shall be void. Coroner to notify Crown Court officer of adjournment in certain cases 35 Where a person charged with an offence within Rule 26(3) is committed for trial to the Crown Court, the coroner who has adjourned an inquest in pursuance of section 20 of the Act of 1926 shall inform the appropriate officer of the Crown Court at the place where the person charged is to be tried of such adjournment. Matters to be ascertained at inquest 36 1 The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters, namely— a who the deceased was; b how, when and where the deceased came by his death; c the particulars for the time being required by the Registration Acts to be registered concerning the death. 2 Neither the coroner nor the jury shall express any opinion on any other matters. Documentary evidence 37 1 Subject to the provisions of paragraphs (2) to (4), the coroner may admit at an inquest documentary evidence relevant to the purposes of the inquest from any living person which in his opinion is unlikely to be disputed, unless a person who in the opinion of the coroner is within Rule 20(2) objects to the documentary evidence being admitted. 2 Documentary evidence so objected to may be admitted if in the opinion of the coroner the maker of the document is unable to give oral evidence within a reasonable period. 3 Subject to paragraph (4), before admitting such documentary evidence the coroner shall at the beginning of the inquest announce publicly— a that the documentary evidence may be admitted, and b i the full name of the maker of the document to be admitted in evidence, and ii a brief account of such document, and c that any person who in the opinion of the coroner is within Rule 20(2) may object to the admission of any such documentary evidence, and d that any person who in the opinion of the coroner is within Rule 20(2) is entitled to see a copy of any such documentary evidence if he so wishes. 4 If during the course of an inquest it appears that there is available at the inquest documentary evidence which in the opinion of the coroner is relevant to the purposes of the inquest but the maker of the document is not present and in the opinion of the coroner the content of the documentary evidence is unlikely to be disputed, the coroner shall at the earliest opportunity during the course of the inquest comply with the provisions of paragraph (3). 5 A coroner may admit as evidence at an inquest any document made by a deceased person if he is of the opinion that the contents of the document are relevant to the purposes of the inquest. 6 Any documentary evidence admitted under this Rule shall, unless the coroner otherwise directs, be read aloud at the inquest. Exhibits 38 All exhibits produced in evidence at an inquest shall be marked with consecutive numbers and each number shall be preceded by the letter “C”. Notes of evidence 39 The coroner shall take notes of the evidence at every inquest. No addresses as to facts 40 No person shall be allowed to address the coroner or the jury as to the facts. Summing-up and direction to jury 41 Where the coroner sits with a jury, he shall sum up the evidence to the jury and direct them as to the law before they consider their verdict and shall draw their attention to Rules 36(2) and 42. Verdict 42 No verdict shall be framed in such a way as to appear to determine any question of— a criminal liability on the part of a named person, or b civil liability. Prevention of similar fatalities 43 A coroner who believes that action should be taken to prevent the recurrence of fatalities similar to that in respect of which the inquest is being held may announce at the inquest that he is reporting the matter in writing to the person or authority who may have power to take such action and he may report the matter accordingly. PART VII SUMMONING OF JURORS AND EXCUSAL FROM JURY SERVICE Summoning of jurors 44 Subject to the provisions of these Rules, the person to whom the coroner's warrant is issued under section 3 of the Act of 1887 for the summoning of persons to attend as jurors at inquests shall have regard to the convenience of the persons summoned and to their respective places of residence, and in particular to the desirability of selecting jurors within reasonable daily travelling distance of the place where they are to attend. Method of summoning 45 Subject to the provisions of these Rules, jurors shall be summoned by notice in writing sent by post or delivered by hand and a notice shall be sent or delivered to a juror at his address as shown in the electoral register. Notice to accompany summons 46 A written summons sent or delivered to any person under Rule 45 shall be accompanied by a notice informing him— a of the effect of section 3A of the Act of 1887 and Rules 51(1) and 52; and b that he may make representations to the appropriate officer with a view to obtaining the withdrawal of the summons, if for any reason he is not qualified for jury service, or wishes or is entitled to be excused. Withdrawal or alteration of summons 47 If it appears to the appropriate officer, at any time before the day on which any person summoned under section 3 of the Act of 1887 is to attend, that his attendance is unnecessary, or can be dispensed with, the appropriate officer may withdraw or alter the summons by notice served in the same way as a notice of summons. Summoning in exceptional circumstances 48 If it appears to the coroner that a jury will be, or probably will be, incomplete, the coroner may, if he thinks fit, require any persons who are in, or in the vicinity of, the place of the inquest to be summoned (without any written notice) for jury service up to the number needed (after allowing for any who may not be qualified under section 3A of the Act of 1887 and for excusals) to make up such number. Excusal for previous jury service 49 1 If a person summoned under section 3 of the Act of 1887 shows to the satisfaction of the appropriate officer or of the coroner— a that he has served on a jury, or duly attended to serve on a jury, at inquests held in that coroner's jurisdiction on three or more days in the period of one year ending with the service of the summons on him; or b that he has served on a jury, or duly attended to serve on a jury, in the Crown Court, the High Court or any county court in the period of two years ending with the service of the summons on him; or c that any such court or a coroner has excused him from jury service for a period which has not terminated, the appropriate officer or the coroner shall excuse him from attending, or further attending, in pursuance of the summons. 2 In reckoning the days for the purpose of paragraph (1)(a) no account shall be taken of any day or days to which an inquest is adjourned. Certificate of attendance 50 A person duly attending to serve on a jury in compliance with a summons under section 3 of the Act of 1887 shall be entitled on application to the appropriate officer to a certificate recording that he has so atterided. Excusal for certain persons and discretionary excusal 51 1 A person summoned under section 3 of the Act of 1887 shall be entitled, if he so wishes, to be excused from jury service if he is among the persons for the time being listed in Part III of Schedule 1 to the Juries Act 1974 but, except as provided by that Part of that Schedule in the case of members of the forces, a person shall not by this Rule be exempt from his obligation to attend if summoned unless he is excused from attending under paragraph (2). 2 If any person so summoned shows to the satisfaction of the appropriate officer or of the coroner that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer or the coroner may excuse him from so attending and shall do so if the reason shown is that the person is entitled under paragraph (1) to excusal. Discharge of summons in case of doubt as to capacity to act effectively as a juror 52 Where it appears to the appropriate officer, in the case of a person attending in pursuance of a summons under section 3 of the Act of 1887, that on account of physical disability or insufficient understanding of English there is doubt as to his capacity to act effectively as a juror, the person may be brought before the coroner, who shall determine whether or not he should act as a juror and, if not, shall discharge the summons. Saving for inquests held by the coroner of the Queen's household 53 Nothing in this Part of these Rules shall have effect in relation to any inquest held by the coroner of the Queen's household. PART VIII RECORDS, DOCUMENTS, EXHIBITS AND FORMS Register of deaths 54 A coroner shall keep an indexed register of all deaths reported to him, or to his deputy or assistant deputy, which shall contain the particulars specified in Schedule 3. Retention and delivery or disposal of exhibits 55 Every exhibit at an inquest shall, unless a court otherwise directs, be retained by the coroner until he is satisfied that the exhibit is not likely to be, or will no longer be, required for the purposes of any other legal proceedings, and shall then, if a request for its delivery has been made by a person appearing to the coroner to be entitled to the possession thereof, be delivered to that person, or, if no such request has been made, be destroyed or otherwise disposed of as the coroner thinks fit. Retention and delivery of documents 56 Any document (other than an exhibit at an inquest) in the possession of a coroner in connection with an inquest or post-mortem examination shall, unless a court otherwise directs, be retained by the coroner for at least fifteen years: Provided that the coroner may deliver any such document to any person who in the opinion of the coroner is a proper person to have possession of it. Inspection of, or supply of copies of, documents etc 57 1 A coroner shall, on application and on payment of the prescribed fee (if any), supply to any person who, in the opinion of the coroner, is a properly interested person a copy of any report of a post-mortem examination (including one made under section 21 of the Act of 1926) or special examination, or of any notes of evidence, or of any document put in evidence at an inquest. 2 A coroner may, on application and without charge, permit any person who, in the opinion of the coroner, is a properly interested person to inspect such report, notes of evidence, or document. Deputy or assistant deputy to sign documents in own name 58 Where a deputy or assistant deputy coroner acting for, or as, the coroner signs a document, he shall sign it in his own name as deputy or assistant deputy coroner, as the case may be. Transfer of documents etc. to next-appointed coroner 59 Where a coroner vacates his office by death or otherwise, all documents, exhibits, registers and other things in the custody of the coroner in connection with inquests or post-mortem examinations shall be transferred to the coroner next appointed to that office. Forms 60 The forms set out in Schedule 4, with such modifications as circumstances may require, may be used for the purposes for which they are expressed to be applicable. Hailsham of St. Marylebone, C 5th April 1984 I concur, Leon Brittan One of Her Majesty's Principal Secretaries of State Home Office 9th April 1984