Evidence
37 Evidence
The Coroners Court is not bound by the rules of evidence, but may inform itself in any way it considers appropriate.
The Coroners Court may require a person to produce a document to the court before the start of an inquest.
The Coroners Court may inspect anything produced at an inquest, copy it, or keep it for a reasonable period.
The Coroners Court may do any of the following—
order a person to attend an inquest, until excused by the court—
to give evidence as a witness; or
to produce something;
order a person called as a witness at an inquest—
to take an oath; or
to answer a question.
In addition to the ways in which something may be served under the Acts Interpretation Act 1954, section 39, the Coroners Court may authorise service of an order in another way.
A person must comply with an order of the Coroners Court, unless the person has a reasonable excuse.Maximum penalty—40 penalty units.
If a person fails to attend an inquest as ordered, the court may issue a warrant for the person’s arrest.
Note—For particular police powers relating to the arrest of a person, see the Police Powers and Responsibilities Act 2000, sections 21 (General power to enter to arrest or detain someone or enforce warrant) and 615 (Power to use force against individuals) and, for what happens if the person can not be taken before the coroner on the day of the arrest, see section 395 (Duty of officer receiving custody of person arrested under warrant other than for offence).
However, the court may issue the warrant only if satisfied the person was served in time for it to be practical, in normal circumstances, for the person to appear before the court.
The police officer must, as soon as practicable after the arrest, cause the person to be brought before the Coroners Court.
Once arrested, the person may be detained in custody until the Coroners Court excuses the person from attending the inquest.
The issue of a warrant, or the arrest of the person, does not relieve the person from liability incurred by the person for not complying with the order to attend.
This Act’s bill:Explanatory memorandum
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