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s 53

Inquest not to proceed where criminal proceedings instituted

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Part 5Inquests into deaths

53 Inquest not to proceed where criminal proceedings instituted

(1)

Where a coroner is informed that some person has been charged with an offence in which the question whether the accused person caused a death is in issue —

(a)

the coroner must not commence to hold an inquest into the death until the proceedings in respect of the offence have been concluded; or

(b)

if the coroner has already commenced an inquest into the death, the coroner must adjourn the inquest until the proceedings in respect of the offence have been concluded.

(2)

The finding of the coroner on an inquest into a death must not be inconsistent with the result of any earlier proceedings where a person has been charged on indictment or dealt with summarily for an indictable offence in which the question whether the accused person caused the death is in issue.

(3)

In this section, proceedings are to be taken to have been concluded when no appeal, or no further appeal, can be made, without an extension of time being granted.

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Section 53 — Inquest not to proceed where criminal proceedings instituted — Coroners Act 1996 (Western Australia) — Barrister AI