CAP. 126 CORONERS ACT BELIZE
CORONERS ACT
CHAPTER 126
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
CORONERS ACT 7
Amendments in force as at 31st December, 2000.
BELIZE
CORONERS ACT
CHAPTER 126
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
CORONERS ACT 7
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
[ ]
3
CHAPTER 126
CORONERS
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
Coroners
3. The coroners.
4. Magistrate principally responsible for exercising duties of coroner.
Procedure in Case of Unnatural Death
5. Report of unnatural death.
6. Duty of police.
7. Duty of coroner.
8. Order for post mortem examination.
9. Emergency cases.
10. Post mortem examination.
11. Report of examination.
12. No examination by any person charged with neglect.
Order for Burial of Body
13. Order on preliminary investigation.
14. Order when inquest or inquiry to be held.
Inquests and Inquiries
15. Inquest or inquiry.
16. Power to hold inquest without a jury in certain cases.
17. Inquest on body of prisoner.
18. Inquiry where body cannot be found.
19. Requisition by Chief Justice that inquest or inquiry be held.
20. Where coroner unable to act.
21. Direction by Chief Justice for further investigation.
22. Meaning of “the criminal proceedings”.
Procedure with respect to Inquests and Inquiries
23. Summoning jurors.
24. Juror’s oath.
25. View of body.
26. Nature of investigation.
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27. Summoning and examining witnesses.
28. Witness not attending.
29. Committal of recalcitrant witness.
30. Right of accused persons to be present.
31. Right of accused person to examine medical practitioner who makes
report.
32. Requisition by majority of jurors for further post mortem examination.
33. Unsatisfactory explanation of cause of death.
34. Verdict or finding of jury.
35. Committal of accused.
36. Bail in case of manslaughter or infanticide.
37. Copies of depositions.
38. Adjournments.
39. Transmission of proceedings to Chief Justice.
Exhumation of Body
40. Exhumation of dead body.
Offences
41. Neglect of duty by coroner.
42. Refusal or neglect of juror to perform duty.
43. Non-compliance by medical practitioner with order to make post
mortem examination.
44. Burial of body without authority.
45. Obstruction of person acting under the Act.
Fees
46. Fee for post mortem examination.
47. Fees to be determined by the Minister.
Miscellaneous Provisions
48. Trial on coroner’s inquisition abolished.
49. Admissibility of deposition on trial.
50. Admissibility of medical report in certain cases.
51. Intimation of order or summons.
52. Law and practice not provided for.
53. Postage of correspondence.
54. Record of proceedings.
55. Forms.
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____________
SCHEDULE
CHAPTER 126
CORONERS
[9th May, 1953]
1. This Act may be cited as the Coroners Act.
2. In this Act, unless the context otherwise requires:-
“coroner” means a coroner appointed under this Act;
“district” means a judicial district established under the Inferior Courts Act;
“inquest” means an investigation as to the cause of any death held by a
coroner with a jury as hereinafter provided;
“inquiry” means an investigation held by a coroner without a jury;
“unnatural death” includes every case of death of a person-
(a) which occurs in a sudden, violent or unnatural manner;
or
Ch. 12,
R.L., 1958.
CAP. 71,
R.E., 1980-1990.
1 of 1969.
11 of 1970.
13 of 1970.
8 of 1982.
22 of 1987.
18 of 1998.
42 of 1999.
S.I. 17 of 1964.
Short title.
Interpretation.
CAP. 94.
(b) where a dead body is found; or
(c) as to which any reasonable suspicion exists-
(i) that it has not arisen from natural causes; or
(ii) that any person is criminally responsible for it.
Coroner
3.-(1) The Chief Justice shall, by virtue of his office, be the Supreme
Coroner for Belize and shall have the superintendence of all other coroners
in the performance of their duties.
(2) Every other judge of the Supreme Court shall, by virtue of his
office, be a superior coroner.
(3) The magistrate of each district shall be a coroner in and for
the district to which he is appointed under the Inferior Courts Act.
(4) Where the appointment of any coroner has terminated during
the hearing of any cause or matter and such coroner has not completed the
hearing of the cause or matter it shall be lawful for the Governor-General
within one year to reappoint such coroner to continue the hearing of the
cause or matter and to determine the said cause or matter, and such
reappointment shall operate as if the original appointment had never been
terminated.
4.-(1) A magistrate in his capacity as a coroner shall be principally responsible
for performing the duties of a coroner in his district.
(2) If the magistrate of the district is by reason of the distance he
is at the time from the place where the dead body is lying, or for any other
reason, unable to act immediately, then the justice of the peace nearest to
The coroners.
CAP. 94.
13 of 1970.
Magistrate
principally
responsible for
exercising duties
of coroner.
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that place, to whom credible information of any unnatural death is given, shall
exercise the functions and perform the duties of a coroner under this Act with
respect to that unnatural death.
Procedure in Case of Unnatural Death
5.-(1) Every person who becomes aware of an unnatural death shall notify it to
the coroner or at the nearest police station.
(2) Everyone who knowingly and wilfully fails to notify an
unnatural death as required by subsection (1) is guilty of an offence and is
liable on summary conviction to a fine not exceeding two hundred and fifty
dollars.
6. Where an unnatural death is reported to, or comes to the knowledge
of, any member of the police department, he shall forthwith cause a report
thereof to be made to the coroner.
7. Where an unnatural death is reported to or comes to the knowledge
of the coroner, he shall, subject to the other provisions of this Act, forthwith
cause due investigation to be made as to the cause of that death and, if
necessary, hold an inquest or, if the circumstances so require, he shall hold an
inquiry.
8. Whenever it is expedient that the dead body of a person should be
examined by a duly qualified medical practitioner, the coroner shall forthwith
issue his order to a Government Medical Officer or other duly qualified
medical practitioner to make a post mortem examination of that body.
9. When from any cause the instructions of the coroner cannot be
promptly obtained, and it is expedient that a person’s dead body should be
examined by a duly qualified medical practitioner without delay, the
Commissioner of Police or an assistant superintendent of police or, if the
instructions of any of those officers cannot be promptly obtained, the member
Report of
unnatural death.
Duty of police.
Duty of coroner.
Order for post
mortem
examination.
Schedule,
Form 5.
Emergency
cases.
42 of 1999.
of the police department in charge of the police station nearest to the place
where the dead body is lying, may require a duly qualified medical
practitioner to make a post mortem examination of the body.
10.-(1) The medical practitioner who is so ordered or required under
section 8 or 9 to make the post mortem examination shall thereupon, unless
he is unavoidably prevented, proceed to the place where the body is lying,
and make such examination of it as may enable him to ascertain the cause of
death.
(2) If by reason of the distance between the place where the
dead body is lying and the place where the medical practitioner is residing
or for any other cause, it is inconvenient for him to proceed to the former
place, the dead body may be removed by a member of the police
department to a mortuary or any other convenient place in any part of
Belize.
(3) The medical practitioner, if it is necessary in order to ascertain
the cause of death, shall extend the examination to the dissection of the
body and an analysis of any portion thereof, and may cause any portion
thereof to be transmitted to any qualified government medical officer or
other expert referred to in section 36 (1) of the Evidence Act.
(4) Where a medical practitioner ordered or required to make a
post mortem examination is unavoidably prevented from so doing, he shall
forthwith give notice of the fact to the coroner or at the nearest police
station.
11.-(1) The medical practitioner who makes the examination shall after
doing so draw up a report of the appearances of the body and of the
conclusions which he draws therefrom and certify as to the cause of death
so far as he can ascertain it, and he shall date and sign the report.
(2) The report may be delivered to a member of the police
Post mortem
examination.
CAP. 95.
Report of
examination.
42 of 1999.
42 of 1999.
42 of 1999.
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the Government of Belize.
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department or a rural constable for transmission to the coroner.
(3) The report so made shall be admissible as evidence at any
inquest or inquiry, and shall be prima facie evidence of the facts stated
therein.
12. Where any credible information is given to the coroner, or to any
member of the police department authorised to require a post mortem
examination to be made of the body of any person, that the death of that
person was caused partly or entirely by the improper or negligent treatment
of any medical practitioner or other person, that medical practitioner or other
person shall not be allowed to perform or assist at the post mortem
examination of the body.
Order for Burial of Body
13.-(1) Where the death of any person is reported to, or first comes to the
knowledge of, the coroner as an unnatural death, he may make a preliminary
investigation, and if he considers after doing so that it is unnecessary to hold
an inquest or an inquiry, he may issue an order for the burial of the body.
(2) The order may be issued either before or after any examination
of the body by a qualified medical practitioner.
(3) Whenever the coroner issues an order for the burial of the
body without holding an inquest or inquiry, he shall report the facts to the
Chief Justice and the grounds for the order and transmit all reports and
documents in his possession connected with the matter.
14.-(1) When an inquest or inquiry is to be held, and the coroner considers
that it is unnecessrry to order a post mortem examination of the body, he
may authorise the burial of the body without any examination.
(2) Where an inquest or inquiry is to be held and the coroner
No examination
by any person
charged with
neglect.
42 of 1999.
Order on
preliminary
investigation.
Schedule,
Form 8.
Order when
inquest or
inquiry to be
held.
considers it expedient to order a post mortem examination of the body, he
may authorise the burial of the body after that examination has been duly
made by a qualified medical practitioner.
(3) Where from any cause the instructions of the coroner cannot
be promptly obtained, the Commissioner of Police or an assistant
superintendent of police or, if the instructions of any of those officers cannot
be promptly obtained, then the member of the police department in charge
of the police station nearest to the place where the dead body is lying, may
authorise the burial of the body after a post mortem examination thereof
has been duly made under this Act by a duly qualified medical practitioner.
(4) The authorisation shall be immediately reported to the
coroner by the person giving it.
(5) Except in case of necessity, the order for burial under this
section shall not be made until the coroner’s jury in the case of an inquest,
or the coroner in the case of an inquiry, has had an opporturiity of
determining whether it is expedient to view the body, but where the
condition of the body requires that it should be immediately buried, an order
or authorisation for burial under this section may be given before the
commencement of any inquest or inquiry.
Inquests and Inquiries
15. Where an unnatural death is reported to, or comes to the
knowledge of, the coroner, he shall, subject to section 13, hold an inquest,
except when he is authorised or required under this or any other Act to hold
an inquiry, and then he shall hold an inquiry.
16.-(1) Subject to this section, a coroner within whose jurisdiction the dead
body of a person is lying, may, in lieu of summoning a jury in the manner
required by section 23 for the purpose of investigating the death of that person,
hold an inquiry.
Schedule,
Form 9.
Inquest or inquiry.
Power to hold
inquest without a
jury in certain
cases.
42 of 1999.
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the Government of Belize.
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(2) If it appears to the coroner either before he proceeds to hold
an inquest or in the course of an inquiry, 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 a prison or in such place or in
such circumstances as to require an inquest 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
(d) that the death was caused by an accident arising 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 summon a jury in the manner required by section 23, and
in any other case, if it appears to him, either before he proceeds to hold an
inquest or in the course of an inquiry, that there is any reason for summoning
a jury, he may proceed to summon a jury in the manner aforesaid.
(3) The provisions of this Act relating to the procedure in
connection with an inquest shall, as respects an inquiry or any part of an
inquiry, have effect subject to such modifications as are rendered necessary
by the absence of a jury, and where an inquiry is held, the inquisition shall be
under the hand of the coroner alone.
(4) Where an inquiry or any part of any inquiry is held, anything
done at the inquiry, or at that part of the inquiry, 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.
17.-(1) An inquest shall be held in every case of the death of any person
confined in any prison, lock-up or place of confinement for persons accused
or convicted of having committed any offence, except in cases where it is
not practicable to obtain the services of a sufficient number of jurors.
(2) No person connected with the prison service or with the
Belize Police Department shall be summoned to serve as a juror on the
inquest.
(3) Where the services of a sufficient number of jurors cannot be
obtained, the magistrate of the district in which the prison, lock-up or place
of confinement is situate shall forthwith hold an inquiry as to the cause of the
death.
18. Whenever a person comes to his death, or is reasonably supposed
to be dead, but his body cannot be found, a coroner may, and whenever
required by the Chief Justice shall, hold an inquiry into the circumstances
connected with the death or supposed death of that person.
19.-(1) The Chief Justice may require a coroner to hold an inquest or
inquiry into the cause of, and the circumstances connected with, the death of
any person, and may do so although an inquest or inquiry with respect to the
same death has been already commenced or held or returned, and every
coroner so required shall have full power to hold and shall hold that inquest
or inquiry.
(2) Where the Chief Justice requires any coroner to hold an
inquest or inquiry and an inquest or inquiry relating to the same death is
being held, or has been held, by any other coroner, all proceedings at or
Inquest on body
of prisoner.
Inquiry where
body cannot be
found.
Requistion by
Chief Justice that
inquest or inquiry
be held.
42 of 1999.
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founded on the last-mentioned inquest or inquiry shall be stayed.
(3) The Chief Justice may also direct whether the body shall or
shall not be exhumed, and the coroner shall comply with the direction.
20. Where under the provisions of this Act, the magistrate of the district
is directed to hold an inquiry but is unable to hold it, it shall be held by some
other magistrate or by a justice of the peace as herein before provided.
21.-(1) Subject to subsection (2), where the coroner has closed the
proceedings at an inquest or inquiry, and it appears to the Chief Justice that
further investigation is necessary, he may require the coroner to re-open that
inquest or inquiry and make further investigation, and thereupon the coroner
shall have full power to re-open, and shall re-open it and make further
investigation, and thereafter proceed in the same manner as if he had not
closed those proceedings.
(2) Subsection (1) shall not apply to any inquest or inquiry at
which any verdict or finding of murder, manslaughter or infanticide has been
returned against any person named therein.
22.-(1) In this section “the criminal proceedings” means the proceedings
before a magistrate holding a preliminary inquiry and before any court to
which the accused person is committed for trial, or before which a question
of law reserved for consideration at the trial by a Judge of the Supreme
Court is heard.
(2) Where a coroner whose duty it is to hold an inquest touching a
death is informed prior to the commencement of the inquest that some person
has been charged before a magistrate with the murder or manslaughter of the
deceased, or with infanticide, he shall, unless directed in writing to the
contrary by the Chief Justice, abstain from holding an inquest.
(3) If on an inquest touching a death the coroner is informed
Where coroner
unable to act.
Direction by
Chief Justice for
further
investigation.
Meaning of “the
criminal
proceedings”.
before the jury has given its verdict that some person is charged before a
magistrate with the murder or manslaughter of the deceased, or with
infanticide, he shall adjourn the inquest until after the conclusion of the
criminal proceedings and discharge the jury but he shall not resume the
inquest unless he is so directed in writing by the Chief Justice.
(4) Where by direction of the Chief Justice a coroner holds or
resumes an inquest if on the criminal proceedings any person has been
charged on indictment, then upon the inquest no inquisition shall charge that
person with an offence of which he could have been convicted on an
indictment or contain any finding which is inconsistent with the determination
of any matter by the result of those proceedings.
(5) Where a coroner resumes an inquest under this section he
shall proceed in all respects as if the inquest had not been previously begun,
and the provisions of this Act shall apply as if the resumed inquest was a
fresh inquest.
(6) If the inquest is not resumed, the coroner shall furnish to the
Registrar General 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 General shall enter
the death and particulars in the form and manner prescribed by the
Registration of Births and Deaths Act and any regulations made thereunder.
(7) The magistrate before whom a person is charged with
murder, manslaughter or infanticide shall inform the coroner responsible for
holding an inquest upon the body of the making of the charge and of the
committal for trial or discharge, as the case may be, of the person charged,
and where a person charged with murder, manslaughter or infanticide is
committed for trial, it shall be the duty of the Registrar to inform the coroner
of the result of the proceedings.
Procedure with respect to Inquests and Inquiries
CAP. 157.
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Belmopan, by the authority of
the Government of Belize.
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23.-(1) Where an inquest is to be held, the coroner shall with all convenient
speed summon not less than three or more than five good and lawful men
residing in the neighbourhood, of full age, to appear before him as jurors at
the time and place he directs.
(2) The summons may be served either personally or by leaving it
with some person at his abode, or may be communicated by a member of
the police department in any manner authorised by this Act.
(3) Where it is practicable to do so, the place so appointed shall
be the place where the body then is, unless it has been already buried.
24. So soon as the coroner and jurors at an inquest have assembled, the
coroner shall administer to each of the jurors the following oath:
“You shall diligently inquire and true presentment make, on behalf of our
Sovereign Lady the Queen, when, where, how, and after what
manner (here name the deceased, if known, or if unknown, state
a person unknown) now dead, came to his death, and of such other
matters relating to that death as shall be lawfully inquired of by you.
So help you God.”
25. The coroner or any jury may view the body, but it shall not be
necessary at any inquest or inquiry for the coroner or the jury to do so:
Provided that where at any inquest it appears to the coroner or to the
greater number of the jury attending at the inquest to be expedient to view
the body, the jury shall thereupon proceed to do so, and if the body has been
buried, the coroner shall order its exhumation for the purpose, unless he
certifies that, in this opinion, exhumation would be useless for the purposes of
the inquest or dangerous to the public health.
26. The jurors at every inquest, and the coroner at every inquiry, shall
inquire when, where, how, and after what manner the deceased person came
Summoning
jurors.
Schedule,
Form 1.
Juror’s oath.
View of body.
Nature of
investigation.
42 of 1999.
by his death, and also whether any person is criminally concerned in the
cause of the death.
27.-(1) The coroner shall summon the witnesses he thinks necessary and
examine them upon oath touching the matter of the inquest or inquiry.
(2) The evidence of a witness shall be taken down in writing by
the coroner and distinctly read over to and subscribed by the witness in the
presence of the coroner and jurors in the case of an inquest, and the
presence of the coroner in the case of an inquiry:
Provided that where any witness being examined has made a written
statement, such statement may be read over to the witness and the witness
further examined by the coroner and the jurors and any evidence that he
shall thereupon give shall be taken down and shall, together with the written
statement, be subscribed in the manner herein prescribed.
28. Where any person summoned as a witness at any inquest or inquiry
refuses or neglects to appear at the time and place appointed by the
summons and otherwise to comply therewith, and no sufficient excuse is
offered for his refusal or neglect, then, after proof upon oath that the
summons has been served upon him, either personally or by leaving it for
him with some person at his place of abode, or has been communicated to
him in any manner authorised by this Act, the coroner may issue a warrant
to bring and have him at a time and place therein mentioned, before the
coroner to testify as aforesaid.
29. Where on the appearance of the person so summoned, either in
obedience to the summons or on being brought by virtue of a warrant, or
where any person present is called on by the coroner to give evidence, then
if that person-
(a) refuses to be examined upon oath concerning the
premises; or
Summoning and
examining
witnesses.
Schedule,
Form 2.
8 of 1982.
Witness not
attending.
Schedule,
Form 3.
Committal of
recalcitrant
witness.
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the Government of Belize.
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(b) refuses to be sworn or having been sworn refuses to
answer the questions concerning the premises then put
to him; or
(c) refuses to produce any document which he is summoned
to produce; or
(d) refuses to subscribe his deposition,
the coroner may, by warrant, commit the person so refusing to any prison of
Belize for any time not exceeding seven days, unless he in the meantime
consents to be examined and to answer concerning the premises, or to
produce the documents, if any, or to subscribe his deposition, as the case
may be.
30. Every person charged with having caused the death of the deceased,
or with having been accessory thereto, shall be at liberty to attend and cross-
examine each witness produced against him, as well as to produce witnesses
in his defence, and every witness produced for the defence shall be sworn,
and his examination shall be taken down by the coroner in the manner and
form mentioned in section 27 (2).
31. Where, at any inquest or inquiry, the report of any medical
practitioner who has made a post mortem examination of the body of a
person is received in evidence, and anyone charged with having caused the
death of that person, or with having been accessory thereto, desires to
examine the medical practitioner, he may require the coroner to summon the
practitioner, and the coroner, when so required, shall thereupon summon the
practitioner as a witness for the Government.
32. Where it appears to the greater number of the jurors sitting at any
coroner’s inquest that the cause of death has not been satisfactorily explained
by the evidence of the medical practitioner or other witness or witnesses
examined in the first instance, that number of the jurors are hereby
Schedule,
Form 4.
Right of accused
person to be
present.
Right of accused
person to
examine medical
practitioner who
makes report.
Requisition by
majority of jurors
for further post
mortem
examination.
empowered to name to the coroner, in writing, any other legally qualified
medical practitioner or practitioners, and to require the coroner to issue his
order for the attendance of the last-mentioned medical practitioner or
practitioners as a witness or witnesses, and for the performance of a post
mortem examination, with or without an analysis of the contents of the
stomach or intestines, and whether or not that examination has already been
performed or not, and if the coroner, having been thereunto required,
refuses to issue the order, he shall be deemed guilty of an offence.
33. Where, at any inquest or inquiry, it appears to the coroner that the
cause of death has not been satisfactorily explained, he may require any
qualified medical practitioner to make a post mortem examination, with or
without an analysis of any portion of the body, and whether or not that
examination has already been performed.
34.-(1) After the whole of the evidence is closed and the statement of the
accused person, if any, has been taken down, the coroner at an inquest shall
sum up the evidence and then proceed to take the verdict of the jury, the
finding of the majority being for that purpose sufficient, and the verdict shall
thereupon be reduced into writing and authenticated by the signature or
mark of the jurors finding it and countersigned by the coroner.
(2) The coroner at an inquiry shall record in writing his finding on
the evidence, and that finding shall have the same effect as if it were the
verdict of a jury.
35. Where a verdict or finding of murder or manslaughter or infanticide
is returned against anyone, the coroner shall forthwith make out a warrant
for his or her committal to any prison in Belize to be brought before the
magistrate of the district wherein the offence was committed, and thereupon
he or she, if then present, shall forthwith be taken and conveyed to the
prison or, if absent, may be apprehended under the warrant and so
conveyed.
Unsatisfactory
explanation of
cause of death.
Verdict or finding
of jury.
Committal of
accused.
Schedule,
Form 7.
Schedule,
Form 6.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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36. Where a verdict or finding of manslaughter or infanticide is returned
against any person, the coroner before or by whom the inquest or inquiry is
taken may accept bail, if he thinks fit, with good and sufficient sureties for the
appearance of the person so charged with the offence of manslaughter or
infanticide before the magistrate of the district in which the offence was
committed, and thereupon the person, if in custody, shall be discharged
therefrom.
37. Every person committed to prison or held to bail under and by virtue
of any verdict of a coroner’s jury or any finding of a coroner, may require,
and shall be entitled to receive, copies of the depositions and of the statement
of the accused person, if any, on payment of the like fees as are by law
payable for copies of other depositions.
38. Any inquest or inquiry may be adjourned by the coroner, if he sees
fit, from place to place and from time to time until the whole of the evidence
touching and concerning the death and the cause thereof has been obtained.
39. All inquisitions and records and minutes of proceedings at any inquiry
shall be transmitted to the Chief Justice within seven days at the latest after
the inquest or inquiry is closed.
Exhumation of Body
40. Where the body of any person is buried without any examination or
without sufficient examination, a coroner about to hold or holding an inquest
or inquiry as to the death of that person may order the body to be exhumed.
Offences
41. Any coroner who refuses or neglects without reasonable excuse to
hold any inquest or inquiry which it is his duty to hold, or to perform any duty
which he is required to perform under the provisions of this Act is liable to a
fine not exceeding five hundred dollars, recoverable before the Supreme
Bail in case of
manslaughter or
infanticide.
Copies of
depositions.
Adjournments.
Transmission of
proceedings to
Chief Justice.
Exhumation of
dead body.
Schedule,
Form 10.
Neglect of duty
by coroner.
Court in its criminal jurisdiction on the motion of the Director of Public
Prosecutions.
42. Every person who-
(a) being summoned as a juror at any inquest, refuses or-
neglects to attend; or
(b) being in attendance on an inquest, refuses to be sworn
or to serve as a juror; or
(c) being called to complete the number of jurors, refuses
to be sworn or to serve as a juror,
shall, unless he proves to the satisfaction of the magistrate that he had good
and sufficient cause for his refusal or neglect, on conviction thereof, be liable
to a fine not exceeding one hundred dollars.
43. Where any medical practitioner is ordered or required to make any
post mortem examination of a body, and the order or requirement has been
personally served on, or left at the residence of the practitioner, or has been
communicated to him in any manner authorised by this Act in sufficient time
to enable him to comply therewith and he fails to comply therewith he shall
on conviction thereof be liable to a fine not exceeding two hundred and fifty
dollars, unless he proves to the satisfaction of the magistrate that he had
good and sufficient cause for the non-compliance and that he forthwith gave
notice to the coroner, or at the nearest police station, that he was so unable
to comply with the order or requirement.
44.-(1) Any person who without lawful excuse buries or otherwise
disposes of, or causes to be buried, or to be disposed of, the dead body of
a person who died an unnatural death without an authorisation given under
the provisions of this Act is guilty of an offence and is liable on summary
conviction to imprisonment for a term not exceeding two years or to a fine
Refusal or neglect
of juror to perform
duty.
Non-compliance
by medical
practitioner with
order to make post
mortem
examination.
Burial of body
without authority.
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No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
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not exceeding three thousand dollars.
(2) Where any person is charged with having committed an
offence under this section, the onus of proving that he had lawful excuse, or
that he received the order of the coroner, or that he was so empowered as
aforesaid, shall be on him.
45. Any person who obstructs or molests any officer or person acting
under this Act is guilty of an offence and is liable on summary conviction to a
fine not exceeding two hundred dollars or to imprisonment for a term not
exceeding six months.
Fees
46. Where any qualified medical practitioner, including a Government
Medical Officer, has made an examination of the dead body of any person in
obedience to any order or requirement under this Act, he shall, subject to the
other provisions of the Act, be entitled to receive the prescribed fee, and the
coroner, when the service has been performed, shall certify for payment the
account of the medical practitioner.
47. There shall be paid from and out of the vote for the contingent
expenses of justice, in respect of coroners’ inquests and other matters and
things connected therewith, the fees from time to time determined by Order
of the Minister.
Miscellaneous Provisions
48. After the commencement of this Act no person suspected or accused
of unlawfully causing the death of the deceased shall be committed for trial
before the Supreme Court by the coroner and no person shall hereafter be
tried upon any coroner’s inquisition.
18 of 1998.
Obstruction of
person acting
under the Act.
Fee for post
mortem
examination.
11 of 1970.
Fees to be
determined by
the Minister.
S.I. 17 of 1964.
Trial on
coroner’s
inquisition
abolished.
49. If, on the trial of any person against whom a verdict or finding of
murder, manslaughter or infanticide has been returned at any inquest or
inquiry, it is proved by the oath of any credible witness that any person
whose deposition has been taken at the inquest or inquiry is dead, or absent
from Belize, or so ill as not to be able to travel, then, if the deposition
purports to be signed by the coroner before whom it purports to have been
taken, the deposition may be read as evidence without any further proof
thereof, unless it is proved that it was not in fact signed by the coroner
purporting to sign it.
50.-(1) Where, on the trial of any person on an indictment for murder,
manslaughter or infanticide it is proved that the medical practitioner who made
a post mortem examination of the body is dead or absent from Belize, any
report of that practitioner made under the provisions of this Act may be received
as evidence with respect to the appearances of the body when examined by
him and as regards the cause of death.
(2) The evidence received by virtue of subsection (1) shall be
subject to any deduction from its weight the court or jury thinks proper by
reason of the report not having been made upon oath and the accused not
having had any opportunity of cross-examination.
51. Any order, authorisation or summons under this Act may be
communicated verbally or by telegraph, telephone or any electrical
apparatus.
52.-(1) Subject to the provisions of this Act, the common law of England
relating to coroners shall have effect in Belize.
(2) In all questions of form and practice which may arise on any
coroner’s inquest or inquiry not herein provided for, the coroner shall follow,
as nearly as possible, the forms and practice adopted in England in similar
circumstances.
Admissibility of
medical report in
certain cases.
Intimation of
order or
summons.
Law and practice
not provided for.
Admissibility of
deposition on
trial.
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Belmopan, by the authority of
the Government of Belize.
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25
53. All correspondence, papers and documents transmitted by or to the
Chief Justice, or by or to a coroner, relating to any matter to be dealt with
under this Act may be transmitted through the post free of charge.
54.-(1) The Chief Justice may deposit in the Supreme Court Registry all
inquisitions and records of proceedings at an inquiry.
(2) The Registrar shall cause a register to be kept of all documents
so deposited and an alphabetical index of them to be made.
55.-(1) The Chief Justice may direct what forms shall be used in any
proceedings under this Act, and those forms, when published in the Gazette,
shall be used for and in respect of the several matters therein mentioned.
(2) Until otherwise ordered, the several forms in the Schedule to
this Act shall be used for and in respect of the several matters therein
mentioned.
__________________
Record of
proceedings.
Forms.
Schedule.
Postage of
correspondence.
SCHEDULE
Forms
[Section 55]
1
[Section 23]
Written Summons for a Juror
BELIZE.
District.
TO of .
These are, in the name of our Sovereign Lady the Queen, to require
you to be and appear before me, the undersigned, one of Her Majesty’s
coroners in and for Belize, at on the day of
, 20 , at o’clock, m., then and there
to serve as a juror at a coroner’s inquest to be holden before me touching
the cause of death (here state the name of the deceased person or, if
unknown, state “a person unknown”) there lying dead.
DATED this day of , 20 .
(Signed)
Coroner.
___________________
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
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27
2
[Section 27]
Written Summons for a Witness
BELIZE.
District.
TO of .
These are, in the name of our Sovereign Lady the Queen, to require
you to be and appear before me, the undersigned, one of Her Majesty’s
coroners in and for Belize, at on the day of ,
20, at o’clock, .m., then and there to give evidence touching
the cause of death of .
DATED this day of , 20 .
(Signed)
Coroner.
________________
3
[Section 28]
Warrant of Commitment of a Witness for refusing to attend
BELIZE.
District.
TO all Members of the Belize Police Department.
WHEREAS I, the undersigned, one of Her Majesty’s coroners in
and for Belize, did duly issue my summons to
requiring him to be and appear before me at
on the day of ,20 , at o’clock, m., then
and there to give evidence touching the cause of death of
AND WHEREAS proof has this day been made before me upon
oath of that summons having been duly intimated to the said
; And whereas the said has neglected to appear at the time
and place appointed by the summons, and no just excuse has been offered
for the neglect:- This is, therefore, by virtue of my office, in Her Majesty’s
name, to command you and each of you to bring and have the said
before me at on the day of
20 , at o’clock, m., to give evidence as aforesaid.
DATED this day of 20 .
(Signed)
Coroner.
_______________
4
[Section 29]
Warrant of Commitment of a Witness for
refusing to give Evidence
BELIZE.
42 of 1999.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
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29
District.
TO all Members of the Belize Police Department and to the
Superintendent of Prisons.
WHEREAS I, the undersigned, one of Her Majesty’s coroners in
and for Belize, did duly issue my summons to
requiring him to be and appear before me at on the
day of , 20 , at o’clock, m., then and there to give
evidence touching the cause of death of
AND WHEREAS the said now appearing
before me (or being brought before me by virtue of a warrant in that behalf
to testify as aforesaid) and being required to make oath as a witness in that
behalf, has now refused to do so (or being duly sworn as a witness, now
refuses to answer certain questions concerning the premises which are here
put to him, or now refuses to subscribe his deposition as a witness) without
any just excuse for that refusal:- This is, therefore, by virtue of my office, in
Her Majesty’s name to command you and each of you, the said members of
the Belize Police Department, to take the said
and him safely to convey to that prison at
in Belize aforesaid, and there deliver him to the Superintendent thereof, with
this precept; and I do hereby, by virtue of my office, in Her Majesty’s name,
require you, the said Superintendent , to receive the said
into your custody in the said prison, and him there safely keep for
the space of days for his said contempt, unless in the meantime
he consents to be examined, and to answer concerning the premises (or duly
subscribe his deposition as a witness); and for so doing, this shall be your
warrant.
DATED this day of , 20 .
(Signed)
Coroner.
__________________
42 of 1999.
42 of 1999.
5
[Section 8]
Order to Medical Practitioner
Belize.
District.
TO of Medical Officer (or or as
the case may be).
BY virtue of this my order, as one of Her Majesty’s coroners in and
for Belize you are required to make (or assist in making) a post mortem
examination of the body of and report thereon
to me as required by law.
DATED this day of , 20 .
(Signed)
Coroner.
_________________
6
[Section 34]
Inquisition
BELIZE.
District.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
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31
An inquisition taken at in the district of in
Belize, on the day of , in the year of our Lord two
thousand and before me, one of the
coroners of our Lady the Queen in and for Belize, upon the oaths of
(here name the jurors sworn), good and lawful men, who, being then and
there duly sworn and charged to inquire for our said Lady the Queen,
when, where, how, and after what manner came to
h death, do, upon their oaths, say that (here state fully the
finding of the jury).
IN WITNESS WHEREOF, as well the said coroner as the jurors
aforesaid have hereto set their hands the day and year first above written.
A.B.
C.D.
A.C., Coroner E.F.
etc.
N.B.- Where a juror puts a mark instead of signing his name, the
coroner shall certify that the mark was made in his presence.
____________
7
[Section 35]
Warrant of Commitment of Accused
}Jurors.
BELIZE.
District.
TO all Members of the Belize Police Department and to the
Superintendent of Prisons in Belize.
WHEREAS at proceedings duly taken before me, one of Her
Majesty’s coroners in and for Belize, under the provisions of the Coroners
Act, with respect to the death of
and duly taken and held this day of , 20 , at
in the destrict of , of stands charged
with the wilful murder (or manslaughter or infanticide, as the case may be)
of the said :-This is, therefore, by virtue of my office, in Her
Majesty’s name to charge and command you and each of you, the said
members of the Belize Police Department, that you or one of you forthwith
take and safely convey the body of the said to the
prison at and safely deliver the same to the Superintendent of
the said prison; and I do hereby, by virtue of my office, in Her Majesty’s
name, 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 brought before the magistrate for the District
at on the day of , 20 , or on such other
day, not being more than seven days thereafter, as may be directed by the
said magistrate, or until he is earlier thence discharged by due course of law;
and for so doing, this shall be your warrant.
DATED this day of , 20 .
(Signed)
Coroner.
______________________
CAP. 126.
42 of 1999.
42 of 1999.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
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33
8
[Section 13]
Warrant to bury a Body without Inquest or Inquiry
BELIZE.
District.
TO and to all whom it may concern.
WHEREAS I am credibly informed that on the day of
20 , came to his death at in the
said district; And whereas, after making preliminary investigation, it has been
made to appear to me that the said death was not an unnatural death within
the meaning of the Coroners Act- This is, therefore, to certify that you may
lawfully permit the body of the said to be buried; and for so
doing, this shall be your warrant.
DATED this day of , 20 .
(Signed)
Coroner.
______________________
9
[Section 14]
Warrant to bury a Body after Examination
BELIZE.
District.
CAP. 126.
TO and to all whom it may concern.
WHEREAS due examination by a duly qualified medical
practitioner has been made of the body of
who now lies dead at in the district of :-
This is, therefore, to certify that you may lawfully permit the body of
the said to be buried; and for so doing, this shall
be your warrant.
DATED this day of , 20 .
(Signed)
Coroner.
___________________
10
[Section 40]
Warrant to exhume a Body
BELIZE.
District.
TO and to all members of the Belize
Police Department.
WHEREAS body of one was buried on the day
of , 20 , at in the said
district; And whereas it is necessary that the said body should be exhumed,
and full investigation made as to the cause of the death of the said
42 of 1999.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Coroners [CAP. 126
[ ]
35
in the manner required by law: - This is, therefore, by virtue of my office, in
Her Majesty’s name, to charge and command you, and each of you, that you
forthwith cause the body of the said to be
taken up and safely conveyed to in the said
district, in order that due investigations may be made as to the cause of
death, and that I may proceed therein according to law: Hereof fail not, as
you will answer the contrary at your peril.
DATED this day of , 20 .
(Signed)
Coroner.
__________________
