Coroners Rules 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/552 |
1984 No. 552
CORONERS
The Coroners Rules 1984
Made 9th April 1984
Coming into Operation 1st July 1984
The Lord Chancellor, in exercise of the powers conferred on him by sections 26 and 27 of the Coroners (Amendment) Act 1926 and with the concurrence of the Secretary of State, hereby makes the following Rules:—
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—
“” means
“” means
“”1
“” means
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“”
“” means
“” means2
“” means
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“” and “” ;
“” means34
“” means
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(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)
(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)
(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)
(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)
(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 Act5.
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)
(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)
(b) the deceased's regular medical attendant;
(c)
(c) if the deceased died in a hospital, the hospital;
(d)
(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)
(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)
(f) any government department which has notified the coroner of its desire to be represented at the examination;
(g)
(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:
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...
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