Coroners Act 1887
| Jurisdiction | UK Non-devolved |
| Citation | 1887 c. 71 |
| Year | 1887 |
Coroners Act, 1887
(50 & 51 Vict.) CHAPTER 71.
An Act to consolidate the Law relating to Coroners.
[16th September 1887]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited as theCoroners Act, 1887.
2 Extent of Act.
2. This Act shall not apply to Scotland or Ireland.
Part I .
Law of Coroners .
Inquest.
3 Summoning and swearing of jury by coroner.
(1)3.—(1.) Where a coroner is informed that the dead body of a person is lying within his jurisdiction, and there is reasonable cause to suspect that such person has died either a violent or an unnatural death, or has died a sudden death of which the cause is unknown, or that such person has died in prison, or in such place or under such circumstances as to require an inquest in pursuance of any Act, the coroner, whether the cause of death arose within his jurisdiction or not, shall, as soon as practicable, issue his warrant for summoning not less than twelve nor more than twenty-three 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) (2.) Where an inquest is held on the body of a prisoner who dies within a prison, an officer of the prison or a prisoner therein or a person engaged in any sort of trade or dealing with the prison shall not be a juror on such inquest.
(3) (3.) When not less than twelve jurors are assembled they shall be sworn by or before the coroner 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.
4 Proceedings at inquest—evidence and inquisition.
(1)4.—(1.) The coroner and jury shall, at the first sitting of the inquest, view the body, and the coroner shall examine on oath touching the death all persons who tender their evidence respecting the facts and all persons having knowledge of the facts whom he thinks it expedient to examine.
(2) (2.) It shall be the duty of the coroner in a case of murder or manslaughter to put into writing the statement on oath of those who know the facts and circumstances of the case, or so much of such statement as is material, and any such deposition shall be signed by the witness and also by the coroner.
(3) (3.) After viewing the body and 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 deceased 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.
(4) (4.) They shall also inquire of and find the particulars for the time being required by the Registration Acts to be registered concerning the death.
(5) (5.) In case twelve at least of the jury do not agree on a verdict, the coroner may adjourn the inquest to the next sessions of oyer and terminer or gaol delivery held for the county or place in which the inquest is held, and if after the jury have heard the charge of the judge or commissioner holding such sessions, twelve of them fail to agree on a verdict, the jury may be discharged by such judge or commissioner without giving a verdict.
5 Proceedings upon inquisition charging person with murder or manslaughter.
(1)5.—(1.) Where a coroner's inquisition charges a person with the offence of murder or of manslaughter, or of being accessory before the fact to a murder, (which latter offence is in this Act included in the expression ‘murder,’) the coroner shall issue his warrant for arresting or detaining such person (if such warrant has not previously been issued) and shall bind by recognizance all such persons examined before him as know or declare anything material touching the said offence to appear at the next court of oyer and terminer or gaol delivery at which the trial is to be, then and there to prosecute or give evidence against the person so charged.
(2) (2.) Where the offence is manslaughter, the coroner may, if he thinks fit, accept bail by recognizance with sufficient sureties for the appearance of the person charged at the next court of oyer and terminer or gaol delivery at which the trial is to be, and thereupon such person if in the custody of an officer of the coroner's court or under a warrant of commitment issued by such coroner shall be discharged therefrom.
(3) (3.) The coroner shall deliver the inquisition, deposition, and recognizances, with a certificate under his hand that the same have been taken before him, to the proper officer of the court in which the trial is to be, before or at the opening of the court.
6 Ordering of coroner to hold inquest.
(1)6.—(1.) Where Her Majesty's High Court of Justice, upon application made by or under the authority of the Attorney General, is satisfied either—
(a.) that a coroner refuses or neglects to hold an inquest which ought to be held; or
(b.) where an inquest has been held by a coroner that by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable, in the interests of justice, that another inquest should be held,
the 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) (2.) The court may order that such inquest shall be held either by the said coroner, or if the said coroner is a coroner for a county, by any other coroner for the county, or if he is a coroner of a borough or for a franchise then by a coroner for the county in which such borough or franchise is situate, or for a county to which it adjoins, and the coroner ordered to hold the inquest shall for that purpose have the same powers and jurisdiction as, and be deemed to be, the said coroner.
(3) (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) (4.) Any power vested by this section in Her Majesty's High Court of Justice may, subject to any rules of court made in pursuance of the Supreme Court of Judicature Act, 1875 , and the Acts amending the same, be exercised by any judge of that court.
7 Local jurisdiction of coroner.
(1)7.—(1.) The coroner only within whose jurisdiction the body of a person upon whose death an inquest ought to be holden is lying shall hold the inquest, and where a body is found dead in the sea, or any creek, river, or navigable canal within the flowing of the sea where there is no deputy coroner for the jurisdiction of the Admiralty of England the inquest shall be held only by the coroner having jurisdiction in the place where the body is first brought to land.
(2) (2.) In a borough with a separate court of quarter sessions, no coroner, save as is otherwise provided by this Act, shall hold an inquest belonging to the office of coroner, except the coroner of the borough, or a coroner or deputy coroner for the jurisdiction of the Admiralty of England.
(3) (3.) In a borough which has not a separate court of quarter sessions no coroner, save as is otherwise provided by this Act, shall hold an inquest belonging to the office of coroner except a coroner for the county, or a coroner or a deputy coroner for the jurisdiction of the Admiralty of England.
Liabilities of Coroner.
8 Removal and punishment of coroner.
(1)8.—(1.) The Lord Chancellor may, if he thinks fit, remove any coroner from his office for inability or misbehaviour in the discharge of his duty.
(2) (2.) A coroner who is guilty of extortion or of corruption or of wilful neglect of his duty or of misbehaviour in the discharge of his duty shall be guilty of a misdemeanor, and in addition to any other punishment may, unless his office of coroner is annexed to any other office, be adjudged by the court before whom he is so convicted to be removed from his office, and to be disqualified for acting as coroner, and if he is a coroner for a county, a writ shall issue for an election of another coroner, and if he is a coroner of a borough, the council of the borough, and if he is a coroner for a franchise the lord or other person or persons entitled to the appointment of the coroner, shall forthwith proceed to appoint another coroner as in the case of any other vacancy.
9 Fine on coroner for neglect as to inquisition, depositions, and recognizances, &c.
9. If a coroner fails to comply with the provisions of this Act with respect to the delivery of the inquisition, or to the taking and delivery of the depositions and recognizances, in the case of murder or manslaughter, the court to whose officer the inquisition, depositions, and recognizances ought to have been delivered...
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