Procedure at inquest where person charged with an offence
25 Procedure at inquest where person charged with an offence
If on an inquest relating to a death, a fire or an explosion the coroner is informed, before making a finding, that a person has been charged before justices with any of the offences specified in subsection (2), the coroner – must, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the proceedings with respect to any of those offences; and must inform the Attorney-General in writing of the inquest and its adjournment.
The offences referred to in subsection (1) are – murder of the deceased; or manslaughter of the deceased; or infanticide of the deceased; or causing grievous bodily harm of the deceased; or causing the death of the deceased by dangerous driving; or dangerous driving where the driving caused an accident that resulted in the death of the deceased; or an offence under section 32 (1) of the Traffic Act 1925 arising out of an accident that resulted in the death of the deceased; or arson in relation to the fire; or unlawfully causing the fire; or unlawfully causing the explosion.
After the conclusion of the criminal proceedings the coroner may, subject to subsection (4), resume the adjourned inquest if the coroner is of the opinion that there is sufficient cause to do so.
If in the course of the criminal proceedings a person has been charged on indictment, the inquest, on its resumption, must not contain any finding which is inconsistent with the determination of the matter by the result of those proceedings.
Where a coroner resumes an inquest which has been adjourned in accordance with this section, the coroner must proceed in all respects as if the inquest had not previously begun and the provisions of this Act apply accordingly as if the resumed inquest were a fresh inquest.
The clerk to the justices before whom a person is charged with any of the offences specified in subsection (2) must inform a coroner, who is holding an inquest relating to the death, fire or explosion, of the making of the charge and of the committal for trial or discharge of the person charged.
For the purposes of this section, criminal proceedings are not taken to be concluded until a further appeal cannot be made in the course of those proceedings without an extension of time.
Where a coroner decides not to resume an inquest adjourned in accordance with this section, the coroner must so inform the Attorney-General in writing.
In this section, criminal proceedings means proceedings in respect of any of the offences specified in subsection (2).
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