Coroners Act

Link to law: http://laws.gov.ag/acts/chapters/cap-105.pdf
Published: 1950

LAWS OF ANTIGUA AND BAEU3UDA

Coroners (CAP. 105 1

CHAPTER 105

T H E CORONERS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Appointment of Coroners.
4. Liability of Coroner.
5. Notice of death to be given.
6. Report of unnatural death by manager, etc.
7. View of body by district medical officer.
8. Report by district medical officer.
9. Inquest after report.

10. Inquest on prisoner.
11. Inquest without report.
12. Power to hold inquest without a jury in certain cases.
13. Inquest into the death of two or more persons.
14. Inquest where body destroyed or irrecoverable.
15. Post-mortem examination without inquest.
16. Provision for post-mortem and special examination.
17. Removal of body for post-mortem examination.
18. Jury how summoned.
19. Refusal or neglect of jurors to perform duty.
20. Oaths to be taken by jurors.
21. View of body and burial order.
22. Inquest to be judicial inquiry.
23. Court not an open one.
24. Counsel and solicitors.
25. Proceedings at inquest: Evidence and Inquisition.
26. Notice to Labour Commissioner of inquest in case of

death by accident, &c.
27. Transmission of finding.
28. Duty of persons to attend inquest.
29. Coroner may summon witnesses.
30. Penalty in the case of witnesses.
31. Refusal to enter into recognizance.

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2 CAP. 105) Coroners

32. Inquest in cases of murder, manslaughter or infanticide.
33. Warrant for apprehension.
34. Bail for manslaughter.
35. Order for production of person committed to or detain-

ed in prison.
36. Copies of depositions.
37. Recognizances.
38. Burial without warrant prohibited.
39. Medical practitioner not to issue certificate of death in

certain cases.
40. Power to exhume.
41. Inquest as to fire.
42. Inquest on treasure-trove.
43. Director of Public Prosecutions may require inquest to

be held.
44. Director of Public Prosecutions may order further

investigation.
45. Ordering Coroner to hold inquest.
46. Records of proceedings to be sent to Director of Public

Prosecutions.
47. Deposit of inquisitions, &c.
48. Fees for post-mortem examinations, etc.
49. Contempt of Court.
50. Obstruction.
5 1. How fines to be levied.
52. Power to make rules.
53. Forms

SCHEDULE.

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Coroners (CAP. 105 3

CORONERS

(31st ]anuary, 1950.) 1111949.
711951.

S.R.O. 2211956.
S.R.O. 4611981.

S.I. 3911989.

1. This Act may be cited as the Coroners Act. short title.

2. In this Act- Interpretation.
"Coroner" includes a Deputy Coroner;

"murder" includes the offence of being an accessory
before the fact to a murder;

"unnatural death" includes every case of death of any
person-

(a) which occurs in a sudden, violent, or
unnatural manner; or

(6 ) where a dead body is found; or

(c) as to which any reasonable suspicion
exists that the same has not arisen from natural
causes; or

(4 as to which any reasonable suspicion
exists that any person is criminally responsi-
ble for such death;

"view" includes the making of any necessary external
examination.

3. The Magistrates shall be Coroners for their respec- g,p,":Eyt
tive districts, and as Coroners may act for or assist each other
in the performance of their duties:

Provided that the Governor-General may, when he shall
think fit, appoint Deputy Coroners in any of the districts;
which Deputy Coroners shall possess and exercise all the
powers and shall perform all the duties of, and be subject
to the same penalties for non-performance as, the Coroners.

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4 CAP. 105) Coroners

Liability of
Coroner.

4. A Coroner who is guilty of extortion or of corrup-
tion, or of wilful neglect of his duty, or of misbehaviour in
the discharge of his duty shall be guilty of a misdemeanour
and shall be liable to a fine not exceeding five thousand
dollars.

Notice of death 5 . ( 1 ) Every person who becomes aware of an un-
to be given. natural death shall forthwith give notice thereof to the nearest

Coroner, or to the nearest police station, or to the medical
officer of the district in which such death occurs.

(2) Where any unnatural death is reported to, or comes
to the knowledge of, any police officer, he shall forthwith
cause information thereof to be made to the nearest Coroner.

(3) A body in respect of which such notice is given shall
not be moved or have its position altered, except so far as
is necessary for the safe custody thereof:

Provided that any medical practitioner who has been
called in any case of unnatural death may, in cases where
there are no circumstances of suspicion and where he is
unable to view the body within a reasonable time, order the
removal of such body to such place as may be named by him.

(4) On the death of any person confined in any prison,
mental hospital or other place of lawful detention, the keeper,
superintendent or person in charge shall at once report such
death to the nearest Coroner.

(5) Every person becoming aware of any unnatural
death who neglects to notify the same as required by this
section or contravenes the provisions of subsection (3), shall
be liable, on summary conviction to a fine not exceeding
five hundred dollars.

Report of 6. The manager of any estate, the keeper, superinten-
unnatural death
by manager, etc. dent or person in charge of any public institution, and the

owner or occupier of any house or premises on or in which
any unnatural-death shall take place, shall notify the same
to the nearest Coroner or to the nearest police station or
to the medical officer of the district in which such death
occurs.

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Coroners (CAP. 105 5

7. The district medical officer shall view, and, if he View of body by
district medical deems it necessary for the purposes of this Act, make a post- off;,e,.

mortem examination of the unburied body of any deceased
person within his district-

( a ) as to whom such district medical officer has
ground for believing that he died an unnatural death; or

(b ) who died while confined as a prisoner in any
prison; or

(c) whose body the Coroner, within whose district
the body is, directs such district medical officer to view.

8. Where the district medical officer has viewed the Report by
district medical body of any deceased person, he shall make a report as to officer.

the cause of death to the Coroner within whose district the
view took place, and in such report he shall state whether
in his opinion any further enquiry ought to be made as to
the circumstances under which the deceased came by his
death.

9. A Comner having received the report of the district :;' after
medical officer as to the cause of death of any deceased per-
son, may issue his warrant for the burial of the deceased
or, shall hold an inquest as to the cause and circumstances
of such death in either of the following cases, that is to say-

(a ) if the district medical officer reports that fur-
ther inquiry ought to be made; or

(b ) if the circumstances of the case appear to the
Coroner to render it proper to hold an inquest, although
the district medical officer does not report that further
inquiry ought to be made.

10. A Comner, where there is in his district the body Er;:r-'"
of any person who died in any prison or as to whose death
an inquest is prescribed, shall hold an inquest as to the cause
and circumstances of such death, whether the district medical
officer does or does not make a report thereon.

11. Where a Coroner has reasonable ground to :;:;It without
believe or suspect that any deceased person whose body is
within his district died an unnatural death, if he thinks the

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6 CAP. 105) Coroners

circumstances of the case so require, he may, at any time
and without waiting for the report of the district medical
officer, hold an inquest as to the cause and circumstances
of the death of such deceased person.

Power to hold
inquest without a

12. (1) Subject to the provisions of this section, a Cor-
jury in certain oner within whose district the dead body of a person is lying
cases. may, in lieu of issuing his warrant for the summoning of

a jury in the manner required by section 18, for the purpose
of inquiring into the death of that person, hold an inquest
on the body without a jury.

(2) If it appears to the Coroner either before he pro-
ceeds to hold an inquest or in the course of an inquest begun
without a jury, that there is reason to suspect-

(a) that the deceased came by his death by murder,
manslaughter or infanticide; or

( b ) that the death occurred in prison or in such
place or in such circumstances as to require an inquest
with a Jury under any other Act; or

( c ) that the death was caused by an accident,
poisoning or disease notice of which is required to be
given to a government department or to any inspector
or other officer of a government department, under or
in pursuance of any Act; or

(6) that the death was caused by an accident aris-
ing out of the use of a vehicle in a street or public
highway; or

( e ) that the death occurred in circumstances the
continuance or possible recurrence of which is prejudicial
to the health or safety of the public or any section of
the public;

he shall proceed to cause a jury to be summoned in the man-
ner required by section 18, and in any other cause, if it
appears to him, either before he proceeds to hold an inquest
or in the course of an inquest begun without a jury, and
there is any reason for summoning a jury, he may proceed
to cause a jury to be summoned in the manner aforesaid.

(3) The provisions of this Act relating to the procedure
in connection with an inquest shall, as respects an inquest

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Coroners (CAP. 105 7

or any part of an inquest which is held without a jury, have
effect subject to such modifications as are rendered necessary
by the absence of a jury, and where the whole of an inquest
is held without a jury the inquisition shall be under the hand
of the Coroner alone.

(4) Where an inquest or any part of an inquest is held
without a jury, anything done at the inquest, or at that part
of the inquest, by or before the Coroner alone shall be as
validly done as if it had been done by or before the Coroner
and a jury.

13. A Coroner may hold one inquest into the cause Inquest into the
death of two or

of death of two or more persons whose death appears to him persons.
to have been caused by the same accident or occurrence.

14. Where a Coroner has reason to believe that a Inquest where
body destroyed

death has occurred in such circumstances that an inquest ;rre,o,er,b~e.
ought to be held, and that owing to the destruction of the
body by fire or otherwise or to the fact that the body is lying
in a place from which it cannot be recovered, an inquest
cannot be held except by virtue of the provisions of this sec-
tion, he may report the facts to the Governor-General, and
the Governor-General may, if he considers it desirable so
to do, direct an inquest to be held touching the death, and
an inquest shall be held accordingly, and for that purpose
the provisions of this Act shall apply with such modifica-
tions as may be necessary in consequence of the inquest being
held otherwise than on or after view of the body.

15. (1) Where a Coroner is informed that the dead Post-mortem
examination

body of a person is lying within his district and there is inquest.
reasonable cause to suspect that the person has died a sud-
den death of which the cause is unknown, if the Coroner
is of opinion that a post-mortem examination may prove
an inquest to be unnecessary, he may direct the medical
officer of the district in which the body is so lying or any
other registered medical practitioner, to make a post-mortem
examination of the body of the deceased and to report the
result thereof to him in writing.

(2) If as a result of such post-mortem examination the
Coroner is satisfied that an inquest is unnecessary, he shall
send to the Registrar of Births and Deaths of the district

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8 CAP. 105) Coroners

whose duty it is by law to register the death, a certificate
under his hand stating the cause of death as disclosed by
the report and issue his warrant authorizing the burial of
the deceased.

(3) Nothing in this section shall be construed as
authorizing the Coroner to dispense with an inquest in any
case where there is reasonable cause to suspect that the
deceased has died an unnatural death, or has died in any
prison, or place of confinement or in any mental hospital
or other place of lawful detention.

Provision for
post-mortem and

16. (1) Notwithstanding the provisions of section 7
special and section 15 the Coroner may, at any time after he has
examination. decided to hold an inquest, request any registered medical

practitioner to make-

(a) a post-mortem examination of the body of the
deceased;

( 6 ) a special examination by way of analysis, test
or otherwise of such parts or contents of the body or
such other substances or things as ought in the opinion
of the Coroner to be submitted to analyses, tests or other
special examination with a view to ascertaining how the
deceased came by his death.

(2) If any person who has made such post-mortem or
special examination as aforesaid is summoned by the Coroner
as a witness, he may be asked to give evidence as to his
opinion upon any matter arising out of the examination, and
as to how in his opinion the deceased came by his death.

(3) If it shall appear to the Coroner that the death of
the deceased was caused partly or entirely by the improper
or negligent treatment of a medical practitioner or other per-
son, that medical practitioner or other person shall not be
allowed to perform or assist at any post-mortem or special
examination made for the purposes of the inquest on the
deceased, but such medical practitioner or other person shall
have the right, if he so desires, to be represented at any such
post-mortem examination.

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Coroners (CAP. 105 9

17. Where by the direction or at the request of a Cor- Removal of body
for post-mortem

oner a post-mortem examination of a body is to be made, e,,m;nat;on~
the Coroner may order the removal of the body to any place
which may be provided for the purpose.

JURY

18. (1) Where by this Act a Coroner is required to Jury s mmoned. how
hold an inquest he shall subject to the provisions of section
12 issue his warrant directed to the senior officer of police
and other police officers of the district where the body lies,
requiring him or them to summon five 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) On receipt of such warrant the said senior officer,
or in his absence such other police officer as shall be in charge
of the police station in the district, shall summon such five
good and lawful men as aforesaid which summons shall be
served personally, or by leaving a copy at the usual place
of abode of the juror, and shall deliver a list of the persons
so summoned to the Coroner at the inquest.

(3) No person shall be summoned to serve as a juror
or on any inquest on a death of any person confined in any
prison or place of confinement or in any mental hospital or
any other place of lawful detention, who is confined in or
connected with the management or service of such prison,
place of confinement, asylum or place of detention.

(4) If less than five jurors appear at the time and place
so appointed for the inquest, the Coroner shall on proof of
the service of the summons upon the absentee deal with him
in manner hereinafter provided, after which he shall direct
so many good and lawful men then present, or in the
neighbourhood, to be impanelled as may be sufficient to com-
plete the number of jurors required.

19. Any person who- Refusal or neglect of jurors
(a) being summoned as a juror on any inquest shall to pedorrn duty.

refuse or neglect to attend; or

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10 CAP. 105) Coroners

(6 ) being in attendance on such summons shall
refuse to be sworn or to serve as a juror; or

( c ) being called on to make up a tales shall refuse
to be sworn or to serve as a juror,

shall be liable to a fine, to be imposed by the Coroner, not
exceeding one hundred dollars.

Oaths to be 20. So soon as the Coroner and jurors at any inquest
taken by Jurors.

have assembled, the Coroner shall call upon one to serve
as foreman and they shall be sworn by or before him 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.

View of body 21. (1) At or before the first sitting of an inquest on
and burial order. a body the Coroner shall view the body, and if, before the

body has been buried, the Coroner so directs, or a majority
of the jury so desires, the body shall be viewed by the jury
also :

Provided that, where a previous inquest on the body
has been begun but not completed, it shall not be obligatory
upon the Coroner holding a subsequent inquest to view the
body.

(2) The warrant of a Coroner authorizing the burial
of a body upon which he has decided to hold an inquest may
be issued at any time after he has viewed the body.

PROCEDURE UPON INQUESTS
Inquest to be
judicial inquiry.

22. Every inquest under this Act shall be a judicial
inquiry and may be held as well on Sunday as on any other
day.

Court rlol an
open one.

23. The room or building in which a Coroner's Court
is held shall not be deemed an open Court, and it shall be
lawful for such Coroner, in his discretion, to order that no
person shall have access to, or be or remain in, such room
or building, the jury excepted, without the consent or per-
mission of such Coroner, if it appears to him that the ends
of the inquiry will be best answered by so doing.

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Coroners (CAP. 105 11

24. No counsel or solicitor shall be entitled as of right Counsel solicitors. and
to appear in any proceeding before a Coroner's Court, but
the Coroner may, if he shall think fit, on application, per-
mit such appearance.

25. (1) The Coroner shall, at the first sitting of the Proceedings at
inquest: inquest, examine on oath touching the death all persons who Evidence and

tender their evidence respecting the facts and all persons hav- Inquisition.
ing knowledge of the facts whom he thinks it expedient to
examine.

(2) The evidence of every witness shall be taken down
in writing in the form of a deposition, which shall be read
over to the witness and signed by the Coroner and the
witness, or, in case of the incapacity or refusal of the latter
to sign the same, then by the Coroner and some other per-
son in whose presence the deposition was taken; and such
deposition shall be admissible in evidence in any proceedings
in the cases in which and subject to the conditions under
which in similar proceedings in England the like deposition
taken by or before a Coroner in England would be admissi-
ble in evidence. This subsection shall not derogate from the
admissibility in evidence of any such deposition independently
of this Act.

(3) At the conclusion of each day's evidence the Cor-
oner shall certify it in the following form-

"The foregoing depositions of A.B., C.D., and E.F.
were taken and sworn before me this

day of 19

G.H., Coroner".

(4) After 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 deceas-
ed 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.

(5) If the jury at an inquest fail to agree on a unanimous
verdict, the Coroner may accept the verdict of four of them

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12 CAP. 105) Coroners

and such majority shall, in that case, certify the verdict in
accordance with the requirements of subsection (4).

(6) The inquisition shall be under the hands of the jurors
who concur in the verdict, and of the Coroner.

(7) In any other case of disagreement the Coroner may
discharge the jury and issue a warrant for summoning another
jury, and thereupon the inquest shall proceed in all respects
as if the proceedings which terminated in the disagreement
had not taken place, except that it shall not be obligatory
on the Coroner to view the body.

(8) A Coroner holding an inquest in any place may
adjourn the inquest to another day, whether the same be
Sunday or any other day, and order the adjourned inquest
to be held in the same or any other place.

Notice to Labour 26. (1) Where a Coroner holds an inquest on a body
Commissioner of
inquest in case of any person whose death may have been caused by any
of death by accident or disease or any explosion, fire, collapse of
accident, &c.

buildings, accidents to machinery or plant, or other occur-
rences in places where workers are employed, of which notice
is required by any law in force in Antigua and Barbuda to
be given to a Labour Commissioner, the Coroner shall
adjourn the inquest unless the Labour Commissioner or some
person authorized in that behalf by him is present to watch
the proceedings, and shall, at least four days before holding
the adjourned inquest, send to such Labour Commissioner
notice in writing of the time and place of holding the
adjourned inquest:

Provided that the Coroner, before the adjournment, may
take evidence to identify the body, and may order interment
thereof.

(2) With respect to any such inquest as aforesaid the
following persons, that is to say-

(a) the Labour Commissioner aforesaid or some
person authorized in that behalf by him;

( b ) any relation of the person in respect of whose
death the inquest is being held;

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Coroners (CAP. 105 13

(c) the employer in whose employment the acci-
dent or disease occurred or was contracted;

(6) any person appointed in writing by the majority
of the workers employed in the place of employment
in which the deceased was employed;

( e ) any person appointed in writing by any Trade
Union, organization of workers or other association of
persons to which the deceased at the time of his death
belonged or to which any worker employed in the said
place of employment belongs;

(f) any association of employers of which the said
employer is a member,

shall, subject to the power of the Coroner to disallow any
question which in his opinion is not relevant or is otherwise
not a proper question, be entitled to examine any witness
either in person or by counsel or solicitor.

(3) If the Labour Commissioner or some person duly
authorized by him is not present at any such adjourned
inquest and evidence is given thereat of any neglect as hav-
ing caused or contributed to the accident or disease, or of
any defect in or about the place of employment appearing
to the Coroner to require a remedy, the Coroner shall send
to the Labour Commissioner notice in writing of the neglect
or defect.

27. The Coroner after the termination of an inquest ~ ~ ; ~ s i o n of
on any death shall send to the Registrar of Births and Deaths
of the district whose duty it is by law to register the death
the finding of the jury in writing.

28. It shall be the duty of all persons who are able r : z t , " , f r n s
to give material evidence concerning any matter to be inguest.
inquired into at an inquest to attend the inquest at the time
and place appointed and to give such evidence.

29. The Coroner may at any time summon such Coroner mar summon
witnesses, as he deems necessary, touching the matter of the
inquest.

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14 CAP. 105) Coroners

Penalty in the
ease of witnesses.

30. Any person who-
(a) being summoned to attend as a witness on any

inquest, shall refuse or neglect to attend; or

(b) being present in Court, shall refuse to be sworn,
or to give evidence; or

(6) having given evidence, shall refuse to sign his
or her deposition when required to do so;

shall be liable to be committed for contempt, or to pay a
fine, to be imposed by the Coroner, not exceeding one hun-
dred dollars.

Refusal to enter
into recognizance.

31. Any person who shall refuse to enter into any
recognizance required to be entered into under this Act, shall
be liable to be committed for contempt, or to pay a fine,
to be imposed by the Coroner, not exceeding one hundred
dollars, or to be imprisoned until the return day of such
recognizance unless the same is sooner entered into, or, in
the discretion of the Coroner, to fine and imprisonment.

Inquest in cases
of murder,

32. (1) If on an inquest touching a death the Coroner
manslaughter or is informed before the jury have given their verdict that some
infanticide. person has been charged before a Magistrate with the murder,

manslaughter or infanticide of the deceased, he shall, in the
absence of reason to the contrary, adjourn the inquest until
after the conclusion of the criminal proceedings and may
if he thinks fit discharge the jury.

(2) After the conclusion of the criminal proceedings the
Coroner may, subject as hereinafter provided, resume the
adjourned inquest if he is of opinion that there is sufficient
cause to do so:

Provided that, if in the course of the criminal proceedings
any person has been charged on indictment, then upon the
resumed inquest no inquisition shall charge that person with
an offence of which he could have been convicted on the
indictment or contain any finding which is inconsistent with
the determination of any matter by the result of those
proceedings.

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Coroners (CAP. 105 15

(3) Where a Coroner resumes an inquest which has been
adjourned in accordance with the requirements of this sec-
tion and the jury has been discharged, the Coroner shall
proceed in all respects as if the inquest had not previously
been begun, and the provisions of this Act shall apply
accordingly as if the resumed inquest were a fresh inquest
except that it shall not be obligatory on the Coroner to view
the body.

(4) If, having regard to the result of the criminal pro-
ceedings, the Coroner decides not to resume the inquest,
he shall furnish the Registrar of Births and Deaths of the
district whose duty it is by law to register the death with
a certificate stating the result of the criminal proceedings
and the particulars necessary for the registration of the death
so far as they have been ascertained at the inquest, and the
Registrar shall enter the death and particulars in the form
and manner prescribed by the law for the time being in force.

(5) Where a Magistrate before whom a person is
charged with murder, manslaughter or infanticide is not
himself the Coroner who is responsible for holding an inquest
upon the body, it shall be his duty to inform the Coroner
so responsible of the making of the charge, and of the com-
mittal for trial, or discharge, as the case may be, of the per-
son charged, and it shall be the duty of the Registrar of the
Supreme Court to which a person charged with murder,
manslaughter or infanticide is committed for trial, and of
the Registrar of the Court before which any appeal from
a conviction of murder, manslaughter or infanticide is heard,
to inform the Coroner of the result of the proceedings.

(6) For the purposes of this section, the expression "the
criminal proceedings" means the proceedings before a
Magistrate and before any Court to which the accused per-
son is committed for trial or before which an appeal from
the conviction of that person is heard, and criminal pro-
ceedings shall not be deemed to be concluded until no fur-
ther appeal can be made.

33. Where a Coroner's inquisition charges any per- ~;;'h",~~~,.
son with murder, manslaughter or infanticide, the Coroner
shall, if the person is at large issue his Warrant for his

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16 CAP. 105) Coroners

apprehension and committal to prison, or, if he be already
in prison, the Coroner shall issue a Warrant of Detainer
addressed to the keeper of the prison in which the accused
is confined.

Bail for
manslaughter.

34. In every case in which a Coroner's jury shall have
found a verdict of manslaughter or infanticide against any
person or persons, it shall be lawful for the Coroner before
whom the inquest was taken to accept bail, if he shall think
fit, with good and sufficient sureties for the appearance of
the person or persons against whom such verdict was returned
at the preliminary inquiry whereat he is charged with the
offence of manslaughter or infanticide, and thereupon such
person, if in custody of any officer of the Coroner's Court,
or in any prison under a warrant of commitment issued by
such Coroner, shall be discharged therefrom.

Order for
production of

35. Whenever any person who has been committed
person committed to prison on the Coroner's Warrant is required to undergo
to Or detained in a preliminary examination before a Magistrate, such
prison.

Magistrate may issue an Order, addressed to the keeper of
the prison in which such prisoner is confined, directing him
to produce such prisoner at the time and place named in
such Order and such prisoner shall be deemed during his
progress to and from, and his attendance at, such exarnina-
tion to be in lawful custody.

Copies of 36. A person against whom a Coroner's jury have
depositions. found a verdict of murder, manslaughter or infanticide shall

be entitled to have from the person having for the time be-
ing the custody of the inquisition or of the depositions of
the witnesses at the inquest, copies thereof on payment of
a reasonable sum for the same, not exceeding the rate of
three cents for every folio of ninety words.

Recognizances. 37. Where a verdict or finding of murder,
manslaughter or infanticide is returned against any person,
it shall be the duty of the Coroner to bind by recognizances
every witness who has been examined at the inquest to appear
at the hearing of the preliminary inquiry of the accused, then
and there to give evidence, and the said recognizance being
duly acknowledged by the person entering into the same,
shall be subscribed by the Coroner.

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105 17

38. (1) No minister or other person shall knowingly Burial without
warrant bury, or allow to be buried, the body of any person who prohibited.

died an unnatural death or under circumstances calling for
the interposition of a Coroner, without the production, at
or before the time of the funeral of a warrant of a Coroner
authorizing such burial.

(2) Any minister or other person who contravenes the
provisions of this section shall be liable on summary convic-
tion to a fine not exceeding one thousand dollars.

39. No certificate of the cause of death shall be issued Medical
practitioner not by any registered medical practitioner in any case where, to issue

to his knowledge, the deceased died an unnatural death or certificate of
death in certain where such death shall have occurred under circumstances cases,

which require a report to be made to the Coroner or where
the Coroner is informed of a sudden death of which the cause
is unknown.

40. (1) A Coroner may, if he thinks fit, and whether Power to
exhume.

an inquest is pending or not, order that the body of any
deceased person be exhumed, and direct that it be viewed
and if necessary anatomically examined by a registered
medical practitioner.

(2) The Attorney-General may at any time by his war-
rant order the exhumation of a body and the examination
thereof when, in his opinion, the ends of justice will be
advanced.

41. Whenever it shall appear to a Coroner that a fire i:zyt to
has occurred in his district causing injury to person or pro-
perty, or in respect of which there is reasonable ground to
suspect that an offence has been committed, such Coroner
may, in his discretion, hold an inquest as to the cause and
circumstances of such fire; and all the provisions of this Act
relating to an inquest into the cause of death, shall, so far
as the same are applicable, apply to an inquest into the cause
of fire:

Provided that the Coroner shall hold such an inquest
if so directed in writing by the Attorney-General.

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 105) Coroners

Inquest on
treasure-trove.

42. A Coroner shall have jurisdiction to inquire of
treasure that is found, who were the finders, and who is
suspected thereof and the provisions of this Act so far as
is consistent with the tenor thereof, shall apply to every such
inquest.

Director of 43. (1) The Director of Public Prosecutions may
Public
prosecutions may require any Coroner to hold an inquest into the cause of,
require inquest and the circumstances connected with, the death of any per-
to be held. son, and may so require any Coroner to hold such inquest

although an inquest with respect to the same death may have
been already commenced, or held, or returned, and every
Coroner so required shall have full power to, and shall, hold
such inquest.

(2) Where the Director of Public Prosecutions requires
any Coroner to hold any inquest and an inquest with respect
to the same death is in the course of being held, or has been
held, by any other Coroner all proceedings at, or founded
on, such last mentioned inquest shall be stayed.

Director of 44. Where the proceedings at any inquest have been
Public
Prosecutions may closed by the Coroner, and it appears to the Director of Public
order further Prosecutions that further investigation is necessary, the Direc-
investigation.

tor of Public Prosecutions may require such Coroner to
re-open such inquest and make further investigation, and
thereupon the Coroner shall have all power to, and shall
re-open the inquest and make further investigation, and
thereafter proceed in the same manner as if the proceedings
at such inquest had not been closed by the Coroner:

Provided that the provisions of this section shall not
apply to any inquest at which any verdict or finding of
murder, manslaughter or infanticide has been returned
against any person therein named.

Ordering Coroner 45 (1) Where-
to hold inquest.

(a) a Coroner refuses or neglects to hold an inquest
or further investigation as required by sections 43 and
44; or

(6) the Director of Public Prosecutions is satisfied
that a Coroner has held an inquest and that by reason

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105 19

of fraud, rejection of evidence, irregularity of pro-
ceedings, insufficiency of inquiry or otherwise, it is
necessary or desirable, in the interests of justice, that
another inquest should be held;

the Supreme 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) The Court may order that such inquest shall be held
either by the said Coroner or by any other Coroner of
Antigua and Barbuda, and the Coroner ordered to hold the
inquest shall for that purpose have the same powers and jur-
sidiction as, and be deemed to be, the said Coroner.

(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) Any power vested by this section in the Supeme
Court may, subject to any rules of Court, be exercised by
any Judge of that Court.

46. All inquisitions and records of proceedings at any Records of
proceedings to be

inquest shall be transmitted to the Director of Public Pro- to ~i~~~~~~
secutions within seven days at the latest after the inquest ; ~ ~ , b ~ o n s .
is closed.

47. The Director of Public Prosecutions may deposit E~pc~t~.fi~, gic.
in the office of the Registrar of the Suvreme Court all -
inquisitions and records of proceedings at any inquest. The
Registrar shall cause a register to be kept of every such docu-
ment so deposited, and shall cause an alphabetical index of
the same to be made.

48. When any registered medical practitioner is ",':si: post-
ordered or required to make any post-mortem or anatomical examinations,
examination of the dead body of any person under this Act etc.
he shall be entitled to receive a fee of fifteen dollars and twelve

LAWS OF ANTIGUA AND BARBUDA

CAP. 105) Coroners

and such fee shall be paid by the Accountant-General of
Antigua and Barbuda.

Contempt of
Court.

49. Any person who obstructs or impedes the pro-
ceedings in any Coroner's Court, or wilfully insults the Cor-
oner or any officer of the Court, or wilfully misbehaves
himself in such a manner as to interfere with the proceedings,
shall be liable to be committed for contempt or to a fine,
to be imposed by the Coroner, not exceeding two hundred
and fifty dollars, and, in either case, to be removed from
the Court.

Obstruction. 50. Any person who-
(a) shall obstruct the Coroner, or his jury, in any

view or inquest; or

(6) shall wilfully do any act with the view of
defeating the object of the inquest; or

(c) shall obstruct or annoy any medical practitioner
in the performance of any post-mortem examination or
other duty imposed upon him by the Coroner; or

(6) shall obstruct or impede the disinterment or
burial of any body ordered by the Coroner to be disinter-
red or buried;

shall be guilty of an indictable offence, and shall be liable
to imprisonment not exceeding twelve months, or, to a fine
not exceeding three thousand dollars, or to both such fine
and imprisonment at the discretion of the Court.

How fines to be
levied.

51. A list of all fines imposed by the Coroner shall
be signed by him and returned into the Magistrate's Court
to be levied and disposed of in the same manner as fines
inflicted in such Court.

Power to make
rules.

52 . The Minister may make rules for regulating the
practice and procedure at or in connection with inquests and
post-mortem examinations and, in particular (without pre-
judice to the generality of the foregoing provision) such rules
may provide-

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105 2 1

(a) as to the procedure at inquests held without a
jury; and

( b ) as to the procedure to be followed where a Cor-
oner decides not to resume an adjourned inquest.

53. The forms in the Schedule may be used in all Forms-
matters to which they apply, and when so used shall be suf-
ficient in law. Where any form required by this Act is not
contained in the Schedule, the Coroner shall follow as nearly Schedule-
as possible the forms which would be adopted in England
under similar circumstances.

SCHEDULE Ss. 9,15

(Anttgua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

Whereas I am credibly informed that, on the day of
19 , the body of was found dead at

in this district and am satisfied of the cause
of death of the said and that no inquest
touching his death should be held; these are therefore to certify
that you may permit the body of the said
to be buried, and for your so doing this is your warrant.

Given under my hand this day of 19

Coroner.
To

LAWS OF ANTIGUA AND BARBUDA

CAP. 105) Coroners

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

T o the Senior Oflicer o f Police and all other police officers o f Antigua
and Barbuda.

By virtue of my office, these are, in Her Majesty's name, to
charge and command you that, on sight hereof, you summon and
warn five good and lawful men of the said district personally to
be and appear before me on day, the day of
instant, at of the clock in the noon, at
in the said district, then and there to do and to execute all such
things as shall be given them in charge, on behalf of our Sovereign
Lady the Queen, touching the death of ; and for so
doing this is your Warrant:

And that you also attend at the time and place above men-
tioned to make a return of those you shall so summon:

And further to do and execute such other matters as shall
be then and there enjoined you: And have you then and there
this Warrant.

Given under my hand at , in the said district,
this day of , 19 .

A B., Coroner

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

By virtue of a Warrant under the hand of A.B., Esquire,
Her Majesty's Coroner for this district, you are hereby summoned
personally to be and appear before him as a juryman on

day, the day of instant, at o'clock
of the noon precisely, at , in the said district,
then and there to inquire on Her Majesty's behalf touching the
death of ; and further to do and execute such matters
and things as shall be then and there given you in charge, and
depart not without leave.

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105 2 3

Hereof fail not at your peril.

Dated this day of 19 .

C. D., of Police.

To Mr . E. F., of

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

I, the undersigned Coroner, do hereby authorize the burial
of the body of late of whose
death was reported to me on the day of
19 , and whose body has been viewed by me* [and by the
inquest jury].

Given under my hand this day of , 19 .

Coroner

*Strike out if inapplicable

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

Whereas I am credibly informed that you can give evidence
on behalf of our Sovereign Lady the Queen touching the death of

*[now lying dead at 1 or
*[whose body has been viewed by me at ] in
this district.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 105) Coroners

These are therefore, by virtue of my office, in Her Majesty's,
name to charge and command you personally to be and appear
before me at in this district , at of the
clock .m on the day of instant, then and
there to give evidence and be examined on Her Majesty's behalf,
before me and my inquest, touching the premises.

Hereof fail not at your peril.

Given under my hand this day of 19 .

Coroner.

To

*Strike out whichever inapplicable

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

AN INQUISITION taken for our Sovereign Lady the Queen
at , in the said district, on
the day of 19 , [and by adjournment on the
day of (or as the case may require)] before A B.,
Esquire, Coroner of our said Lady the Queen for the said district,
upon the oath (or and affirmation) of C.D., E.F., G.H., I.J., K.L.,
good and lawful men of Antigua and Barbuda, duly sworn to
inquire for our Lady the Queen, touching the death of M.N. (or
of a person to the jurors unknown) and upon view of his body
[by me] ;* and those of the said jurors whose names are hereunto
subscribed upon their oaths do say that &c., kc.

(Here follows the finding)

And the jurors aforesaid do further say that the said M.N. at
the time of his death was a male person of the age of
years and a

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105

IN WITNESS WHEREOF as well the said Coroner as the
jurors have hereunto subscribed their hands the day and year first
above written.

A. B . Coroner
C . D . Foreman
E.F.
G.H.
I.J.
K.L.

'Strike out if inapplicable.

(Antkua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

AN INQUISITION taken for our Sovereign Lady the Queen
at , in the said district, on
the day of 19 , [and by adjournment on the
day of (or as the case may require)] by me A.B.,
Esquire, Coroner of our said Lady the Queen for the
said district.
on view by me of the body of C.D. (or of a person to me unknown)
as to his death, and I, the said A.B. do say-

(Here set out the circumstances of the death)

(Here set out the conclusion of the Coroner as to the death)
And I, the said A.B., do further say that the said C.D. at the

time of his death was a male person of the age of years
and a

IN WITNESS WHEREOF I, the said A.B., have hereunto
subscribed my hand the day and year first above written.

Coroner.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 105) Coroners

WARRANT OF APPREHENSION S. 33

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

To all Police Oficers ofAntigua and Barbuda, and to all others Her Mqesty 's
Officers of the Peace within Antigua and Barbuda.

Whereas by an Inquisition taken before me
Coroner for the said district in Antigua and Barbuda on view of
the body of then and there lying dead,
one of , stands
charged with the wilful murder (or as the case may be) of the said

These are therefore, by virtue of my office in Her Majesty's
name, to charge and command you and every of you, that you, or
some or one of you, without delay, do apprehend and bring before
me the said Coroner, or one of Her Majesty's Justices of the Peace
of Antigua and Barbuda, the body of the said of
whom you shall have notice that he may be dealt with according
to law; and for your so doing this is your warrant.

Given under my hand and seal this day of 19

Coroner. [L.S.]

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

T o the Police Offtcers and other Her Majesty's Officers of the Peace for
Antigua and Barbuda and also to the Superintendent of Her Majesty's Prison
at

Whereas by an Inquisition taken before me 9
Coroner for the said district in Antigua and Barbuda, the day
and year hereunder mentioned on view of the body of
then and there lying dead, one of

stands charged with the wilful murder (or as
the case may be) of the said

LAWS OF ANTIGUA AND BARBUDA

Coroners (CAP. 105 2 7

These are therefore, by virtue of my office, in Her Majesty's
name, to charge and command you, or any of you, forthwith safely
to convey the body of the said to Her Majesty's Prison
at , and safely deliver the same to the Superintendent
of the said Prison; and these are likewise by virtue of my said
office, in Her Majesty's name to will and require you the said
Superintendent, to receive the body of the said into your
custody, and him safely to keep in the said Prison until he shall
be thence discharged by due course of law; and for your so doing
this is your warrant.

Given under my hand and seal this day of 19

Coroner. [L.S.]

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

T o the Superintendent of Her Majesty's Prison at

Whereas you have in your custody the body of
; and whereas by an Inquisition taken before me,

Coroner for the said district, the day and year
hereunder written, at district on view of the body of

then and there lying dead, he the said
stands charged with the wilful murder (or as the case may be) of
the said

These are therefore by virtue of my office; in Her Majesty's
name, to charge and command you to detain and keep in your
custody the body of the said until he shall be
thence discharged by due course of law; and for your so doing this
is your warrant.

Given under my hand and seal this day of 19

Coroner. [ L. S . ]

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 105) Coroners

ORDER TO BRING UP PRISONERS FOR EXAMINATION S. 35

(Antigua and Barbuda Coat of Arms)

ANTIGUA AND BARBUDA

District

To the Superintendent of Her Majesty's Prison at

Whereas I am informed that A.B. is now detained in the said
Prison under your custody, by authority of a warrant of commit-
ment under the hand and seal of Esquire, Her
Majesty's Coroner for district , in Antigua
and Barbuda.

Now these are to require and command you, by virtue of
the power vested in me under the provisions of the Coroners Act,
to produce before me the body of the said A.B., under safe and
secure conduct, at the Magistrate's Court, at , on

day, the day of ,19 at o'clock
in the noon, there to answer a certain charge
or information of felony lodged against him, and so from day to
day until he shall have answered the said charge, and be further
dealt wilh according to law.

And for so doing this is your warrant.

Given under my hand and seal this day of 19

District Magistrate [ L . S. ]
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