CORONERS 1
THE CORONERS ACT
ARRANGEMENT OF SECTIONS
1. Short title.
PART I. Preliminary
2. Preservation of existing jurisdiction, practice, etc.
3. Interpretation.
CORONER
4. Resident Magistrate ex officio Coroner.
5 . Deputy Coroner.
SPECIAL CORONER
SA. Establishment of Office of the Special Coroner.
SB. Jurisdiction and functions of Special Coroner.
DESIGNATED POLICE OFFICER
5C. Assignment of designated police officer.
PROCEEDINGS LEADING UP TO INQUEST
6. Order for post mortem examinations.
7. Investigation by police.
7A. Report of investigation by designated police officer.
8. Post mortem examination.
9. Report of medical practitioner, burial of body.
10. Coroner's powers in cases of delay.
1 1. Coroner to summon jury.
Jury on inquest touching death of prisoner or lunatic dying in asylum.
12. Transfer of jurisdiction to appropriate Coroner.
13. Coroner may postpone holding of inquest in certain cases.
13A. Power to act as Coroner on termination of criminal proceedings.
14. Coroner may abstain from holding inquests in certain cases.
15. Report to Director of Public Prosecutions when no inquest held.
16. Coroner may hold inquest without a jury.
17. Procedure where body destroyed or irrecoverable.
INQUEST
18. Coroner or jury need not view the body: but Coroner may order
exhumation.
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CORONERS
19. Proceedings at inquest.
20. Arrest of penon charged in inquisition with murder or manslaughter.
Delivery of inquisition to Clerk of the Courts.
2 1. Judge of Supwme Coupt may order inquest.
PART 11. Supplemental
PROCEDURE
22. Inquisition to be under hand and seal of Coroner and jurors.
Inquisition written or printed.
Recognizances.
Accused persons entitled to copies of inquisition and evidence.
22A. Power to summon and compel attendance and testimony of witnesses.
228. Power of Coroner to order production of documents, etc.
22C. Entitlement to examine witnesses.
22D. Power to deal with misbehaviour in Court.
23. hnalty for non-attendance or refusal to serve or test@ as juror or
witness.
23A. Admissibility of written statement at inquest.
238. Admissibility of first-hand hearsay statements at inquest.
23C. Admissibility of computer evidence constituting hearsay.
238. Admissibility of computer evidence not constituting hearsay.
24. Inquisition not to be quashed for defects. Power to amend and
procedure allaemn.
Respite of recognizances on postponement of trial.
MISCELLANEOUS
25. Removal of d d bodies.
26. Qs lmly returns of inquests and other reported deaths.
27. Minister m y prohibit hollding of inquests in cmtain cases.
28. Corntion of error in certified copy of medical report for regismtion.
29. Extortion, corruption, willful neglect, etc., by Coroner.
30. Treasure trove.
3 9. Limitation sf Coroner's jurisdiction.
32. Expaws of jurors. I
33. Subsistence allowance.
34. Regulations.
SCMEDULE
CORONERT 3
THE CORONERS ACT
6oft9S2,
61 2th June, 1900. ] 10 em,
19 rf a008
1. This Act may be cited as the Coroners Act. I short title.
PART I. Preliminary
2. Save in so far as is inconsistent with this Act, my m&
srmwleg - principle or rule of law, or established jurisdiction, practice, or jmia
procedure, or existing usage or custom, shall not with- PM*=.
standing the pqxal of any enactment by this Act, remain in fblP
force.
3. In this ~ c t
"agent of the State" means-
(a) a person who is a member of-
(i) the Jamaica Constabulary Force;
(ii) the Jamaica Defence Force, except when acting
in time of war;
(iii) the Island Special Constabulary Force; and
(iv) the Rural Police;
Q) (b) a person appointed as a parish Special Constable pursuant to the Constables (Special) Act;
(c) a correctional officer;
(4 an officer within the beaning of section 2 of the
Customs Act; and
me hKtDdon 01 fib page b wcbarhed by LN. tZUMIII
CORONERS
Resident
Magistrate
ex oflcio
Coroner.
201'1976
S. 2 (a).
22009
S. 3.
201'1976
S. 2(b).
2 a m
S. 3.
(e) such other public officer, as the Minister may by
order specify, being a person upon whom is
conferred any of the powers, authority and
privileges as are conferred by law on a member of
the Jmaica Constabulary Force;
&'the appropriate Coroner" means-
(a) the Ofice of the Special Coroner, in any case
where there is reasonable cause to suspect that
death occurred as a result of the act or omission of
an agent of the State; or
(b) subject to section 5B, in any other case, the
Coroner having jurisdiction for the relevant parish
pursuant to section 4,
and references, in any other enactment, to a Coroner shall be
constnaed to mean the appropriate .Coroner;
"murder" includes the offence of being an accessory before
the fast to a murder.
'"the Ofice'' means the Ofice of the Special Coroner
established under section 5A;
CORONER
7
4.-41) Subject to sections 5A and 5B, the oficer for the
time being discharging the duties of Resident Magistrate for any
parish shall ex oficio be the Coroner of such parish:
Provided, that where: such officer has and exercises the
jurisdiction of the Resident Magistrate's Court in more than one
parish, it shall be lawful for the Minister to prescribe the area
over which as Coroner such oficer's jurisdiction shall extend.
(2) Subject to sections 5A and 5B, the parish of Kingston
and the parish of St. Andrew shall for the puhposes of this Act
be deemed to fom one parish and accordingly a Resident
Magistrate for either parish shall have jurisdiction as a Coroner
over both parishes and an inquest in respect of a death occurring
in either parish may be held at the discretion of the Coroner
either in Kingston or in St. Andrew as the Coroner thinks fit.
J I l o indmion of W i page is authorized by LK. IZlnOlll
5.--(1) It shall be lawhl for the Coroner, when prevented Deputy
by illness, or any lawhl or reasonable cause from holding an Coroner.
inquest himself, to appoint the Clerk of the Courts, to hold such
inquest in his stead; but in any such case the Coroner shall,
within fourteen days of making any such appointment, send a
duplicate of such appointment to the Minister together with a
statement of the reasons for his not having held the inquest
himself.
(2) The deputy so appointed shall have all the rights,
powers and jurisdiction of a Coroner, and generally be subject
to the provisions of this Act in like manner as a Coroner.
5A.--(1) There is hereby established an Office of the Establishment
Special Coroner. the of Office Special of
Coroner.
(2) The Office shall be constituted by the following
persons appointed by the Governor-General, acting on the s . 4 .
advice of the Judicial Service Cornmission-
(a) the Special Coroner, who shall be in charge of the
administration and operations of the Office; and
(b) such number of Assistant Special Coroners as may be
necessary for the efficient administration and opera-
tion of the Office.
(3) A person shall not be qualified for appointment
under subsection (2) unless that person is a Resident Magistrate
and possesses the qualifications for appointment as a Senior
Resident Magistrate.
(4) The office of the Special Coroner shall be
a provided with such staff as is necessary for the efficient administration and operation of the Office as determined by the
Special Coroner.
5B.--(1) The Office shall exercise the jurisdiction and func- Jurisdiction
and functions tions of the Coroner in respect of any death occurring at any ofspecial
place in Jamaica where there is reasonable cause to suspect that coroner.
the death occurred as a result of the act or omission of an agent ?lo9
of the State.
--
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CORONERS
(2) Nothing in subsection (1) shall be construed as pro-
hibiting the Coroner for a parish from exercising jurisdiction in
relation to a death within the parish of such Coroner, in the
circumstances mentioned in subsection (I), in any case where
jurisdiction has neither been assumed by, nor transferred to, the
Special Coroner.
Assignment of 5C.41) The Commissioner of Police shall-
designated
police officer.
6I2005
(a) in respect of each parish, assign a constable, not below
s. 2. the rank of Deputy Superintendent, to carry out the
functions of a designated police officer under this
Act;
Older for
pod modem
examina-
tions.
612005
S. Ua)(b).
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S. qa).
(8) give written notice of such designationto the Coroner
' and the Office; and
(c) cause a notification of the designation to be published
in the Gazette.
(2) A reference in this Act to a designated police officer
shall be construed as a reference to the designated police officer
assigned in respect of the relevant parish pursuant to subsection
(1).
6 . 4 1 ) Subject to subsection (lA), where a Coroner, or
Justice, or designated police oficer is informed that the dead
body or part thereof, of a person, is lying within the juris-
diction of such Coroner, or Justice, or within the parish in
respect of which such designated police officer is assigned, and
there is reasonable cause to suspect that such person has
died, either a violent, or an unnatural death, or has died a sudden
death, of which the cause is unknown, or that a medical
certificate of cause of death under the Registration (Births and
Deaths) Act in respect of such person will not be forthcoming or
that such person has died in prison, or in such place, or under
such circumstances, as to require an inquest in pursuance of any
law, it shall be lawful for such Coroner, Justice, or designated
[The indprioa of thin page is authorbed by LN. 123/20111
police officer, in his discretion, to direct any duly qualified 6noos
medical practitioner to make a post mortem examination of the S. 3(a).
dead body.
(1A) Where a Coroner, Justice of the Peace or 2noos
designated police officer receives information described in S.6(b).
subsection (1) as regards any dead body and there is reasonable
cause to suspect that death occurred as a result of the act or
omission of an agent of the State, the Coroner or Justice of the
Peace (as the case may be) shall forthwith notify the Office, and
the Office may direct any duly qualified medical practitioner
to make apost mortem examination of the body; and
(2) The appropriate Coroner or a Justice of the Peace snoos
who orders a post mortem examination shall forthwith notify t he L3g
designated police officer of the fact of the death and that a s.~(c).
post mortem examination has been ordered.
7 . 4 1 ) 'Whenever the fact of a death under the circum- Investiga-
tion by stances referred to in section 6 is reported at any police station, v,iw.
the officer in charge thereof shall forthwith notify the 6noo5
S. 4.
designated police officer of such fact.
(2) A designated police officer who is informed or
notified of the fact of a death, pursuant to subsection (1) or
section 6 shall-
(a) in the case of information or a notification given by a
person other than the appropriate Coroner, inform the 2nm
appropriate Coroner of the fact of death, within forty- SCh.
eight hours after receiving the information or
notification; and
(b) forthwith cause an investigation to be made into the
circumstances relating to the death, and report thereon
to the appropriate Coroner within twenty-one days m m
after first receiving such information or notification. Sch.
7A.41) Where a designated police officer requires more Reportof
time than that specified for the completion of a report referred ~~~~~~~
to in section 7(2)(b) or for the forwarding of a medical policeofficer.
a 0 0 5 practitioner's report under section 9(2)(b), the designated police s. s.
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CORONERS
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Pasr tnorretn
examination.
;
officer shall in writing to the appropriate Coroner within the
time so specified-
(a) inform the appropriate Coroner of the status of the
investigation; and
(b) request an extension of the time within which to
forward the report.
(2) Upon receiving the information and request referred
to in subsection ( I ) , the appropriate Coroner shall determine a
reasonable time within which the report shall be forwarded by
the designated police officer and shall, in writing, inform such
officer of the determination.
(3) Where a designated police officer fails to forward to
the appropriate Coroner any document required to be forwarded
by him under section 7(2)(b) or 9(2)(b), the appropriate Coroner
shall-
(a) ascertain from the designated police officer the reason
for the failure; and
(b) issue such directions as the appropriate Coroner thinks
fit in order to secure the expeditious delivery of the
document to the appropriate Coroner.
(4) For the purposes of subsection (3)(a), the appro-
priate Coroner may direct the designated officer to attend before
him and to explain, upon oath or affirmation, the reason for
the failure.
8. Every medical practitioner to whim such direction as
aforesaid shall be addressed, may, and every medical prac-
titioner who holds a public medical office, who may be
so directed, shall, unless he shall immediately procure the
services of some other medical practitioner to perform the duty,
immediately proceed to the place where the dead body is lying,
and shall then make a post mortem examination thereof with a
view to determine the cause of the death and to throw all the
light upon the circumstances connected with the death that
such an examination can supply; and shall thereupon draw up
-
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CORONERS 7
in writing and sign a report addressed to the appropriate mow
Coroner, of the appearances of - the body on suchpost rnortem SCh.
examination, and of the conclusions which he draws therefrom
touching the death. The post mortem examination shall
extend, when it is considered by the medical practitioner
necessary for the purpose of ahrowing light upon the circunm-
stances connected with the death, but not otherwise, to the
0 dissection of the body, as far as he may think requisite for the purpose.
9 . 4 1 ) The medical practitioner shall, within forty-eight ~eportos
hours after making the examination, deliver his report to the ~ ~ ~ ~ ~ e r ,
appropriate Coroner, or to the Justice, or designated police burialof
officer, as the case may be, and upon receipt of such report the 5;.
said Justice, or designated police officer, may authorize the s.xa).
612005 burial of the dead body, or may, at his discretion, prohibit such s.
burial until the order of the appropriate Coroner shall be given m~
respecting the same. S C ~ .
(2) Where pursuant to subsection (I) , a medical 6m05
S. 6@). practitioner delivers his report t-
(a) a Justice of the Peace, the Justice shall forward the
report, together with the order for the post mortem, to
the appropriate Coroner within seventy-two hours Ehy
after receiving the report;
(b) the designated police officer, such officer shall
forward the report, together with the order for the post
mortem, to the appropriate Coroner within seventy- 212009
two hours after receiving the report. Sch.
10 .41) Where, upon such evidence as he considers sufi- coroner's
cient, the appropriate Coroner is satisfied- p w e n cases of in
(0) that there will be delay in holding or concluding EY,
an inquest; and S C ~ .
611 982
S. 4.
[TRe inclusion of this page i s authorized by L.N. 12312011]
8
Schedule.
Form B.
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Sch.
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Sch.
Appropriate
Coroner to
summon jury.
611982
S. 5(a).
611982
s. 5@).
6R005
S. 7(a).
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Sch.
' 6R005
s. 7@).
212009
Sch.
CORONERS
(b) that he can determine the identity of, and the date,
place and cause of death of, the deceased person;
and
(c) that it is necessary or desirable so to do for the pur-
pose of enabling registration of the death to be
effected or completed,
he may, in his absolute discretion, whether or not he has
received the police report, make the determination and send a
certificate in the Form D in the Schedule to the person who is
Registrar under the Registration (Births and Deaths) Act for
the district in which, according to his determination, the
death occurred.
(2) Any action taken under this section shall not affect
the holding of an inquest under this Act or the performance of
any duty imposed on the appropriate Coroner or jury under
section '19 of this Act or on the appropriate Coroner under
section 30 of the Registration (Births and Deaths) Act; and
consequent upon the finding of a jury at any inquest, the
appropriate Coroner shall noti@ the Registrar in writing of any
particulars which differ from the particulars specified in the
certificate issued pursuant to subsection (1).
1 I.--( 1) Upon receipt of the medical and police reports the
appropriate Coroner shall, except under the circumstances
hereinafler mentioned, as soon as practicable, issue his warrant
for summoning not less than five nor more than thirty persons,
selected indiscriminately from among the persons whose names
appear on the jury list certified under section 13 of the Jury
Act, to appear before him at a specified time and place, there
to enquire as jurors touching the death of such person as
aforesaid.
(2) For the purposes of subsection (I), the specified time
shall be a time within thirty days after the appropriate Coroner
receives the designated police officer's report of the
investigation and the report of the medical practitioner, in
relation to the death.
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CORONERS 8.01
(3) W e r e an inquest is held on the body of a prisoner J U ~ Y O ~
who dies within a prison, or of a lunatic who dies in a lunatic Ly$:g
asylum, no officer of such prison, nor any prisoner in such deathof
prison, and no officer in such asylum, nor any person engaged in ~~~,Or
any sort of trade or dealing with such prison or asylum, shall be e i n g in
a juror on the inquest on the body of such prisoner or lunatic 2;:
respectively. s. 3(c).
i ) 12.-41) Notwithstanding anything to the contrary, where ~ m f e r o f
any Coroner is satisfied, upon receipt of the reports referred to ~ r o ~ ~ ~ '
in section 11 in relation to any body or part thereof lying within coroner.
the parish for which he is Coroner, that- moo9 S. 7.
(a) the body or part thereof is the body of a person the
cause of whose death arose in some other parish, he
may certify accordingly to the Coroner for such
parish; or
(b) there are reasonable grounds to suspect that the death
occurred as a result of the act or omission of an agent
of the State, he may certify accordingly to the Office.
(2) Upon receipt of any certificate under-
(a) subsection (l)(a), the receiving Coroner shall have in
relation to the body or part thereof the subject of such
certificate the like jurisdiction as if the body or part
thereof had at all times lain within the parish for
which he is the Coroner; or
(b) subsection (l)(b), the Office shall assume jurisdiction
over the case,
and the jurisdiction of the certifying Coroner in relation to the '* body or part thereof shall cease and determine.
(3) Notwithstanding anything to the contrary, where the
Office is satisfied, upon receipt of the reports referred to in
section 11 in relation to any death, that there is no reasonable
cause to suspect that the death occurred as a result of the act or
omission of an agent of the State-
lThe inclusion of (his page is ru(horired by L.N. 123/LOlll
8.02
Appropriate
Coroner
may post-
pone holding
of inquest in
certain
cases.
2 R 0
Sch.
2311971
S. 2.
2311971
S. 2.
2 / 2 0
Sch.
CORONERS
(a) the Office may certify accordingly to the Coroner f o ~ -
the relevant parish; and
(b) upon receipt of such certification, the Coroner for the
relevant parish shall assume jurisdiction over the case,
and the jurisdiction of the Office with respect thereto
shall cease and determine.
13.41) When as a result of the said reports any person is
charged before a Resident Magistrate or before examining
justices with a criminal offence in having caused the death of
0
the deceased person, the appropriate Coroner may in his dis-
cretion postpone the holding of an inquest until after the
conclusion of the criminal proceedings:
Provided that if in the course of the criminal proceedings any
person has been charged on indictment, then upon the holding of
such inquest no inquisition shall charge that person with an
offence of which he could have been convicted on such
indictment or contain any finding which is inconsistent with the
determination of any matter by the result of the criminal
proceedings.
(2) It shall be the duty of the Clerk of the Court to
which a person charged with murder, manslaughter, infanticide
or an offence under subsection (1) of section 30 of the Road
Traffic Act, is committed for trial and of the Registrar of any
court before which any appeal from a conviction of murder,
man-slaughter, infanticide or an offence under subsection (1) of
section 30 of the Road Traffic Act is heard, to inform the
appropriate Coroner of the result of the proceedings.
(3) For the purposes of this section the expression "the
criminal proceedings" means the proceedings before a Resident
Magistrate or examining justises or before any court to which
the accused person is committed for trial or before which an
appeal from the conviction of that person is heard, and criminal
proceedings shall not be deemed to be concluded until no further
appeal can, without an extension of the time being granted by
the Court of Appeal, be made in the course thereof.
[The iadusion of &is page ks nutborized by LN. 123TU)lII
CORONERS 9
83A. Where in relation to any death a person is brought or Powertoact
appears before a Resident Magistrate in Court or in Chambers ~ ~ ~ { ~ ~ f
charged with the offence of murder, manslaughter, infanticide or criminal
an offence under section 30(1) of the Road Traffic Act, and the dine-
Resident Magistrate-- s. 8.
(a) after holding a preliminary examination with a view
to the person's committal to the Circuit Court, makes
an order for the person's discharge; and
(b) is satisfied that no inquest has been held in relation to
the death,
the Resident Magistrate shall forthwith act as the Coroner
having jurisdiction in relation to the death and proceed to hold
an inquest.
84. Whenever as the result of the said reports the cause of
death is established to the satisfaction of the appropriate
Coroner, and it appears to him that there is no reason for
suspecting that the deceased came by his death by murder or
manslaughter, or that no further light would be thrown upon the
case by holding an inquest it shall be lawhl for the appropriate
Coroner in his discretion to abstain fiom holding an inquest.
15.-41) In the event of the appropriate Coroner abstaining
from holding an inquest for the reasons set out in section 14, he
shall submit the said medical and police reports, together with a
statement of his own views of the case, to the Director'of Public
Prosecutions, and if-
(a) upon such evidence as he considers suEcient the
appropriate Coroner is satisfied that he can determine
the identity of, and the date, place and muse of death
of, the deceased person; and
(b) no action has been taken by him in that regard pur-
suant to subsection (I) of section 10,
Appropriate
Coroner
may abstain
from
holding
inquests in
certain case.
61 1 982
S. 6.
2Rm
Sch.
Repoi4 to
Director of
Public
P r m u -
tions when
no inquest
held.
611982
S. 7(a) &
(b).
22009
Sch.
he shall make the determination and send a certificate in the
Form D in the Schedule, to the person who is the Registrar Schedule.
under the Registration (Births and Deaths) Act for the district in FOm D-
which, according to his determination, the death occurred.
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CORONERS
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Sch.
Appropriate
Coroner
may hold
inquest
without a
j u v .
2011976
S. 3.
2R009
Sch.
(2) The Director of Public Prosecutions may, on
receipt of such reports and statement, direct the appropriate
Coroner to hold an inquest, and the appropriate Coroner shall
obey such direction; but if the Director of Public Prosecutions
concur with the appropriate Coroner in thinking an inquest
unnecessary, he shall make a minute to that effect on the papers
transmitted to him by the appropriate Coroner, and deliver them
to the Registrar of the Supreme Court, who shall keep and
presewe them in his office along with the inquisitions. 0
16.-41) Subject to the provisions of this section a Coroner
ieu of summoning a jury for the purpose of holding
hold an inquest without a jury.
(2) If it appears to the appropriate Coroner either
before he proceeds 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, man-
slaughter or infanticide; or
(b) that the death occurred in circumstances the contin-
uance 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
this Act, and in any other case, if it appears to him, either before
he proceeds to hold an inquest or in the course of an inquest
begun without a jury, that there is any reason for summoning a
jury, he may proceed to summon a jury in the manner aforesaid:
Provided that it shall not be necessary for the appropriate
Coroner to summon a jury in any case where a person has been
charged with a criminal offence in causing the death of the
deceased person and where the inquest is held after the
conclusion of the criminal proceedings.
(3) The provisions of this Act relating to the procedure
in connection with an inquest shall, as respects an inquest 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
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CORONERS I 1
appropriate Coroner alone.
17.+1) Subsection (2) shall apply in my case where the
Ambady appropriate Coroner has reasonable cause to sussect that a death deslroyed or
has occurred in such circumstances that- inecover-
ablc.
(Q) an inquest ought to be held; and moo9
(b) owing to the destruction of the body by fire, or to the
S. 8.
fact that the body is lying in a place from which it
cannot be recovered, an inquest c m o t be held except
by virtue of this section.
(2) The 'appropriate Coroner may report the facts to the
Minister who may, if he considers it desirable to do so, direct an
inquest to be held touching the death, and an inquest shall be
held accordingly by the appropriate Coroner or such other
Coroner as the Minister may direct, and the law relating to
Coroners and Coroners' inquests shall apply with such
modifications as may be necessary in consequence of the
inquest being held by virtue of the provisions of this section.
INQUEST
18. It shall not be necessary upon any inquest for the The
a g p w f i a appropriate Coroner or the jury to view the body, but this ,,,or
provision shall not preclude the appropriate Coroner from j u r v n d
not view the requiring the exhumation of the body for the purpose of viewing
and W e r examining the same, if in his opinion it is expedient
so to do:
Provided further that if a majority of the jury sitting on an
inquest are of opinion that the cause of death has not been
satisfactorily explained by the evidence of the medical
practitioner or other witnesses brought before them, they may
require the appropriate Coroner in writing to s m o n as a
witness a duly qualified forensic pathologist named by them,
and except where the body has been cremated Wher to direct a
post mortem examination of the deceased, with or without an
analysis of the contents of the stomach or intestines, to be made
by that forensic pathologist, and that whether such examination
has been previously made or not, and the appropriate Coroner
shall comply with such requisition, and in default shall be guilty
of a misdemeanour.
&ner
may order
exhumation.
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Seh.
6'2805
S. 9(3.
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S. qb).
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llhe idnsion of thh page is rmtbomcd by LN. IltnOlll
Proceedings at
inquest
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S. 8(aX @)
and (c).
Schedule
Fom A
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Sch.
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19.-41) When not less than five jurors are assembled they
or such number of them, not being less than five, as the
appropriate Coroner may determine, shall be sworn by or
before the appropriate Coroner, according to the Form A in the
Schedule, diligently to enquire 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.
(2) At the inquest the appropriate Coroner shall
examine on oath touching the death all persons who tender their
0
evidence respecting the facts, and all persons having knowledge
of the facts whom he thinks it expedient to examine.
(3) Where it is suspected that the deceased came by
his death by murder or manslaughter, it shall be the duty
of the appropriate Coroner to put into writing the statement on
oath of those who know the facti and circumstances of the case,
or SO much of such statement as is material, and any such
deposition shall be signed by the witness, and also by the
appropriate Coroner.
(4) The medical report made by the medical practi-
tioner as aforesaid shall be prima facie evidence of the facts
therein stated; but the medical practitioner shall attend and
may be examined by the jury touching the dead body and
his said report.
(5) 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 deceased came by his death, and, if it appears to the
jury that, prima facie, the circumstances of the death in-
dicate that the crime of murder or manslaughter has been
committed, the persons, if any, whom the jury charge with
murder or manslaughter.
(6) They shall also enquire of and find the particu-
lars for the time being required by the2Registration (Births
and Deaths) Act to be registered concerning the death.
lThe inclusion of this page is authorized by L.N. 123ROlll
CORONERS 13
(7) Where the jury fail to agree on a verdict- 5111964
S. 6.
(a) if- 6~ 1982
(i) the jury comprises seven or more persons, S. 8(e).
and the minority consists of not more than
two; or
(ii) the jury comprises less than seven persons,
and the minority consists of not more than
one,
the appropriate Coroner may accept the verdict of ~ M N
the majority and the majority shall in that case, Sch.
certify the verdict in accordance with the
requirements of subsection (5);
(b) in any other case the appropriate Coroner may dis-
charge the jury and issue a warrant for summoning Sch.
another jury, and thereupon the inquest shall proceed
in all respects as if the proceedings which terminated
in the disagreement had not taken place.
(8) Except in the cases hereinafter mentioned the
appropriate Coroner shall send the inquisition and the moos
depositions to the Registrar of the Supreme Court for safe SCh.
custody.
20.-41) When the appropriate Coroner's inquisition charges Arrest of
a person with the offence of murder, or of manslaughter, the Eldin
appropriate Coroner shall issue his warrant for arresting or inquisition
with murder detaining such person, and shall bind by recognizance all such ,,,-
persons examined before him as know or declare anything slaughter.
2/2w material touching the said offence to appear at the next Circuit sch.
Court at which the trial is to be, then and there to prosecute or
give evidence against the person so charged.
(2) Where the offence is manslaughter the appropriate moos
Coroner may, in accordance with the Bail Act, grant bail to the Sch.
person charged.
(3) The appropriate Coroner shall deliver the inquisi- mom
tion, depositions and recogni&ces, with a certificate under his Sch.
hand that the same have been taken before him, to the proper
(TBc iadmsion of th* page ia ruthorbed by LN. fkn0aal
CORONERS
Judge of
supreme
Cowl may
order inquest.
m09
S. lqa).
officer of the Court in which the trial is to be, before, or at the
opening of the Court.
21.--(I) Where a Judge of the Supreme Court upon
application made by an interested party or by or under the
authority of the Director of Public Prosecutions, is satisfied
either-
(a) that the appropriate Coroner refuses or neglects to
hold an inquest which ought to be held, or which
he has been directed by the Director of Public
Prosecutions to hold; or
(3) In this Act, "interested party" means-
(a) a parent, child or spouse of the deceased or, if there
are no such persons, the deceased's next-of-kin;
(b) a personal representative of the deceased;
(c) any beneficiary under a policy of insurance issued on
the life of the deceased;
(b) where an inquest has been held by the appropriate
Coroner that by reason of fraud, rejection of evidence,
irregularity of proceedings, insufficiency of inquiry,
or any other circumstances or considerations, whether
similar to the foregoing or not, it is necessary or
desirable in the interests of justice, that another
inquest should be held,
the Judge may order an inquest to be held touching the said
death, and may, if he thinks it just, order the appropriate
Coroner to pay such costs of and incident to the application as
he thinks just, and where an inquest has already been held may
quash the inquisition on that inquest.
J
(2) The Judge may order that such inquest shall be held
either by the appropriate Coroner, or by the appropriate Coroner
of an adjoining parish, and the appropriate Coroner ordered to
hold the inquest shall for that purpose have the same powers and
jurisdiction as, and be deemed to be, the appropriate Coroner.
labe indeaion of tbir page b aatborircd by LK. 123n0111
I
CORONERS
(4 the insurer who issued such a policy of insurance;
(e) any person whose act or omission, or that of the 6R005 s. I q b ) .
person's agent or employee acting in the course of
duty, may in the opinion of the appropriate Coroner moos
have caused or contributed to the death of the S.9-
deceased;
Cf) any person appointed by a trade union to which the
deceased belonged at the time of his death, if the
death may have been caused by-
(i) an injury received by the deceased in the
course of the deceased's employment; or
(ii) a disease to which he is exposed specificdly
by the nature of his duty;
(g) any person appointed by a government department to
attend the inquest;
(h) the Commissioner of Police; or
( i ) any other person who, in the opinion of the appro- moos
priate Coroner, is a properly interested person. S. 9.
2 2 4 1 ) The following enactments shall be made with Inquisition
to k under respect to procedure at the appropriate Coroner's inquest*
seal of the
(a) the inquisition shall be under the hands and seals of q p m " a e
the jurors, who concur in the verdict, and of the C ~ m * a d
JUrorS.
appropriate Coroner; moos
8 S. 9.
(b) an inquisition need not be on parchment, and Inquisition
rmnen or may be written or printed, or partly written a@
partly printed, and may be in the Form B con-
tained in the Schedule, or to the like effect or in such Schedule.
Form B. other form as the Minister may from time to time pre-
scribe, or to the like effect, and the statements therein
may be made in concise and ordinary language;
[The inclusion of Ihb page b autborhed by LN. 123120111
8 6 CORONERS
Recogni-
mces.
611982
S. 9(a).
19R000
S. 23. ,
moo9
S. 9.
Schedule
Form C.
(c) the appropriate Coroner shall, in accordance with the
Bail Act, cause recognizances taken before him from
a person charged by an inquisition with man-
slaughter or a person required to appear and give
evidence before the appropriate Coroner to be taken,
so far as circumstances admit, in the Form C
contained in the Schedule, or in such other form as
the Minister may from time to time prescribe, and
shdl give notice of the recognizance to every person 0
bound thereby;
A G C U S C ~ (d) a person charged by an inquisition with murder or
perscns
entitled to manslaughter shall be entitled to have from the
copies of person having for the time being the custody of the
inquisition and
evidence. inquisition, or of the depositions of the witnesses at
611 982 the inquest, copies thereof on payment of a
s. 9(b). reaso~able sum for the same, not exceeding the rate
of 30 cents for every folio of ninety words.
611982 (2) The Minister may, by order, amend subsection (1)
S. 9(d). (4 so as to vary the amount stated therein.
Power to 22A.--(l) Subject to subsection (7), where it appears to the
summon and
compel appropriate Coroner upon the oath or affirmation of any credible
anendmceand person that my person is likely to give material evidence at an
testimony of
,,,,,. inquest the appropriate Coroner may issue a summons under his
611982 hand in the Form E contained in the Schedule, to such person
S. 10.
Schedlle. requiring him to attend before the appropriate Coroner at a time
F O ~ E. and place mentioned in the summons to give evidence as
Mow aforesaid. S. 9.
(2) A summons issued under subsection (1) may be
sewed upon any person-
(a) by delivering it to him; or
( B ) by delivering it to a person apparently over the age of
sixteen years and residing at the last or usual place of
abode or business of the person being summoned; or
(c) by posting it by registered letter post addressed to
him at his last or usual place of abode or business.
(The inclusioa of this page is authorized by LN. IUIZOlll
CORONERS 17
(3) A summons sent by registered letter post pursuant
to subsection (2)(c) shall, unless the contrary is proved, be
deemed to be served after the expiration of ten days after the
date on which it was posted.
(4) Service of the summons may be proved by the
affidavit or joint affidavit of the person or persons serving it,
or, in the case of service by registered post, the person or
persons who dispatched it.
(5) Any summons served in the manner prescribed
by subsection (2)(b) shall be deemed to be duly served unless
the contrary is proved.
(6) If a person served with a summons under subsec-
tion (2) neglects or refuses to attend pursuant to such summons
and offers no reasonable excuse for such neglect or refusal, the
appropriate Coroner before whom such person should have 2Q009
appeared may issue a warrant under his hand in the Form F S. 9.
contained in the Schedule to bring and to cause such person to
be brought before that appropriate Coroner at a time and place 2noo9
to be mentioned in the warrant, to give evidence as required by S . 9.
subsection (1); and such warrant may be executed out of the
jurisdiction of the appropriate Coroner who issued it.
(7) Where the appropriate Coroner is satisfied 'upon 2noo9
oath or affirmation that it is probable that a person will not S . 9 .
attend and give evidence without being compellkd to do so, the
appropriate Coroner may, instead of issuing a summons under 2n009 * subsection (I), issue a warrant, in the Form G contained in the S . 9 . Schedule, in the first instance. Schedule Form G.
(8) Where a person who is entrusted with the duty of snoos
serving a summons under this section fails to serve the summons S. ".
within fourteen days after the date of issue of the summons, the
appropriate Coroner may act in accordance with subsection (9). Fy
lThe inclusion of this page i s authorized'by L.S. 123ROlll
CORONERS
Power o f
Coroner lo
order pro-
duction o f
documents,
etc.
611 982
S. 10.
(9) The Coroner may, on such terms as he thinks fit,
appoint a Special Bailiff to serve the summons, and any person'
so appointed shall, for the purpose of serving the summons, have
all the powers, rights and immunities of a Bailiff under the
Judicature (Resident Magistrates) Act.
(10) For the purposes of subsection (9), the Special
Bailiff shall be appointed from a panel of persons selected by
the appropriate Coroner and appointed by the Chief Justice.
22B.-(1) The provisions of this Act enabling the
appropriate Coroner to issue a summons to any witness to attend
and give evidence at a Coroner's inquest shall be deemed to
include the power to summon and require a witness to produce
to such inquest books, plans, papers, documents, articles, goods
and things likely to be material evidence concerning the death
of any person on whose body an inquest is to be held; and
the provisions relating to the neglect or refusal of a witness,
without reasonable excuse, to attend and give evidence or to
be sworn, shall apply accordingly.
(2) The appropriate Coroner may allow any interested
party access to-
(a) any item produced under an order under subsection
(1); and
(b) any evidence relevant to the inquest which the
appropriate Coroner intends to adduce.
(3) The type of access allowed under subsection (2)
shall be in the discretion of the appropriate Coroner having
regard to the nature of the item or evidence concerned and may,
as the appropriate Coroner thinks appropriate-
(a) include an opportunity to inspect the item or evidence
and take copies or photographs;
(b) be subject to restrictions as to the hlandling of the
item or evidence;
rllc inclusion of this p a ~ c is authorized by I,.N. 123120'111
CORONERS 19
(c) include provision for such access to be supervised by
the'iclerk of the Courts or such other person as may
be authorized by the appropriate Coroner for that 22009
S. 9. purpose; or
(4 be subject to such other conditions or restrictions as
the appropriate Coroner thinks fit for the purpose of 2Q009
the safe keeping of the item or evidence. S. 9.
22C.-(1) Subject to subsections (2) and (3) and without Entitlement
to examine prejudice to any other entitlement which any person may have to witnesses.
examine witnesses at an inquest, any person who satisfies the 6Qoos
S. 13. appropriate Coroner that such person is an interested party may 2Roo9
be permitted by the appropriate Coroner to examine any witness s. 9.
at an inquest, either in person or by an attorney-at-law.
(2) The Commissioner of Police, unless interested
otherwise than in that capacity, shall only be permitted to
examine a witness by an attorney-at-law.
(3) The appropriate Coroner shall disallow any 20009
question which in the appropriate Coroner's opinion is not " 9.
relevant or is otherwise not a proper question.
22D. If any person- Power to
deal with
(a) wilfully insults the appropriate Coroner or any "1sbeha-
vlour in
officer of the Court under this Act during his sitting Court.
or attendance in the Court; or 611 982
S. 10.
20009
(h) wilfully interrupts the proceedings of the Court; s . 9 .
or
(C) otherwise misbehaves in Court,
the appropriate Coroner may order any constable or officer of m ~ w
S. 9. the Court, with or without the assistance of any other person, to
take the offender into custody and detain him till the rising
of the Court; and such appropriate Coroner may, if he thinks 6QoOs
fit, impose upon any such offender a fine not exceeding five S. 14.
[The inclurinn nf this pale is authorized hy I..N. 123/21)111
CORONERS
thousand dollars for every such offence, and, in default of
payment thereof, commit the offender to prison for any period
not exceeding one calendar month, unless the fine is sooner
paid; and in the case of a subsequent offence within six months,
by a warrant under his hand, and se,aled with the seal of the
Court, commit any such offender to prison for any period not
exceeding one calendar month.
Penalty for 2 3 . 4 1 ) Where a person duly summoned as a juror at an
non-
attendanceor inquest does not appear to such summons or appearing refuses
refusal to without reasonable excuse to serve as a juror, tlie appropriate
serve or testify
as juror or Coroner may impose on such person a fine not exceeding four
witness. thousand dollars.
611982
(2) Where, pursuant to subsyction (I), the appropriate
Coroner imposes a fine upon any person in his absence, the
. provisions of section 41 of the Jury Act shall apply as regards
the recovery and enforcement of the fine. . ,
(3) Where a person duly summoned to give evidence
at an inquest-
I
(a) does not appear to such summons; or
(b) appearing, refuses to be sworn or to affirm, or having
affirmed or been sworn, refuses without reasonable
excuse to answer any question put to him,
. .
the appropriate Coroner may impose upon such person a fine not
exceeding four thousand dollars and in default of payment
thereof commit such person to prison for a term not exceeding
one month unless he consents to be examined' and to give
evidence as aforesaid or unless the fine shall sooner be paid.
212009 (4) Where the appropriate Coroner imposes a fine upon
S. 9. a person under subsection (3)(a), the provisions of section 1 1 (2)
and (3) of the Witnesses' Expenses Act shall apply in respect of
the recovery and enforcement of the fine.
lThe inclusion of this page is authorized by L.S. 123ROlll
CORONERS 20,O 1
(5) Where a recognizance is forfeited at an inquest
held before the appropriate Coroner, the provisions of this 212009
section shall apply as regards the person forfeiting the
recognizance as if a fine had been imposed upon that person
under this section.
23A.-41) At an inquest, a written statement by a person Adniissibi- * shall, if the conditions specified in subsection (2) are satisfied, !::ilin be admissible in evidence to the same extent and effect as direct statenlent at
oral evidence by that person. inquest. 612005 ,
(2) The conditions referred to in subsection (1) are S. 15.
that-
(a) the statement purports to be signed by the person
who made it;
(b) a copy of the statement and a notice of intention to
admit the statement in evidence are caused to be
served by the appropriate Coroner on all parties 212009
referred to in subsection (8), at least twenty-one days s. 9.
before the inquest;
(c) none of the parties referred to in subsection (8)
have, within ten days from the service of the copy of
the statement, served a counter-notice on the
appropriate Coroner, objecting to the statement being 2,7009
admitted in evidence and requiring the attendance of s 9
the maker of the statement as a witness at the
inquest;
(4 notice of the intention to admit the statement in
evidence is accompanied by a declaration by the
person who made it to the effect that it is true to the
best of his knowledge and belief and that he made it
knowing that, if it were admitted in evidence, he
would be liable to prosecution if he wilfully stated in
it anything which he knew to be false or did not
believe to be true.
(3) Paragraphs (b) and (c) of subsection (2), shall not
apply if the parties referred to in subsection (8) agree before or
during the inquest that the statement be admitted in evidence.
lThc inclusion of this pace is ruthorircd by I..h'. 123ROll)
CORONERS
(4) A statement shall be inadmissible in evidence
under this section if a party referred to in subsection (8) serves a
counter-notice objecting to the statement being: admitted in
evidence and requiring the person who made the; statement to
attend the inquest as a witness.
(5) Notwithstanding that a written statement made by
any person may be admissible by virtue of subsection (2), the
2 ~ 0 0 9 appropriate Coroner may, on his own motion or on application
s. 9. by any party referred to in subsection (8), require that the maker
of the statement attend and give oral evidence at the inquest.
(6) Notwithstanding the failure of any party referred
to in subsection (8) to serve a counter-notice objecting to the
admissibility of the statement, the appropriate Coroner may, if
he thinks fit, permit that party to lead evidence contradicting the
evidence contained in the written statement.
(7) Where contradicting evidence is given as
mentioned in subsection (6), the appropriate Coroner may admit
additional evidence in response to the contradicting evidence.
(8) The parties to which this subsection refers are-
(a) all interested parties; and
(b) all parties likely to be affected by the statement.
(9) For the purposes of subsection (8), a party is
likely to be affected by a statement that contains anything which
expressly, or by reasonable inference, indicates that the party is
liable to be charged with an offence in relation to the death.
Admissibility 23B.--(I) In this section and sections 23C and 23D,
of first-hand
hearsay "document" includes, in addition to a document in writing-
statements at
inquest.
612005 (a) any map, plan, graph or drawing;
S. 15. (b) any photograph;
[The inclusion of this page is authorized by L.N. 123nOlll
CORONERS 20.03
(c) any disc, tape, sound track or other device in which
sounds or other data (not being visual images) are
embodied so as to be capable (with or without the aid
of some other equipment) of being reproduced
therefrom;
( 4 any film (including microfilm), negative, tape or
other device in which one or more visual images are
embodied so as to be capable (with or without the aid
of some other equipment) of being reproduced
therefrom.
(2) A statement made by a person in a document shall
be admissible at an inquest as evidence of any fact of which
direct oral evidence by that person would be admissible if it is
proved to the satisfaction of the appropriate Coroner that such 212009
person- s. 9.
(a) is dead;
(b) is unfit, by reason of his bodily or mental condition,
to attend as a witness;
(c) is outside of Jamaica and it is not reasonably prac- -
ticable to secure his attendance;
( 4 cannot be found after all reasonable steps have been
taken to find him; or
(e) is kept away fiom the proceedings by threats of
bodily harm and no reasonable steps can be taken to
protect the person.
3 23C. A statement contained in a document produced by a Adrnissibi- l l ty of computer and which constitutes hearsay shall not be admitted in corn,,
evidence at an inquest unless- evidence
constituting
(a) at all material times- hearsay
612005
(i) the computer was operating properly; s. IS.
(ii) the computer was not subject to any malhnc-
tion; and
[The inclusion of this page is authorized by L.N. 123ROlll
CORONERS
(iii) there are no alterations to its mechanism or
processes that might reasonably be expected to
have affected the validity or accuracy of the
contents of the document;
(b) there is no reasonable cause to believe that-
(i) the accuracy or validity of the document has
been adversely affected by the use of any im-
proper process or procedure or by inadequate
safeguards in the use of the computer; or
(ii) therk was any error in the preparation of the
data from which the document was produced;
(c) the cdmputer was properly programmed; and
(4 where two or more computers were involved in the
production of the document or in the recording of the
data from which the document was derived-
(i) the conditions specified in paragraphs (a) to
(c) are satisfied in relation to each of the
computers so used; and
(ii) it is established by or on behalf of the person
tendering the document in evidence that the
use of more than one computer did not intro-
duce any factor that might reasonably be
expected to have an adverse effect on the
validity or accuracy of the document.
[The inclusion of this page is authorized by L.N. 123R0111
CORONERS 20.05
23D. Where a statement contained in a document produced Admissibi-
lity o f by a computer does not constitute hearsay, such a statement compu,r
shall be admissible if the conditions specified in section 23C are evidence not
satisfied in relation to that document. constituting hearsay.
612005
S. IS.
24.-41) If in the opinion of the Judge having cognizance lnqulsltlon
not to be of the case, an inquisition finds sufficiently the matters required quashed for
to be found thereby, and where it charges a person with murder defects
Power to or manslaughter sufficiently designates that person and the
offence charged, the inquisition shall not be quashed for any procedure
defects, and the Judge may order the proper officer of the Court thereon
to amend any defect in the inquisition, and any variance
occurring between the inquisition and the evidence offered in
proof thereof, if the Judge is of opinion that such defect or
variance is not material to the merits of the case, and that the
defendant or person traversing the inquisition cannot be
prejudiced by the amendment in his defence or traverse on the
merits, and the Judge may order the amendment on such terms
as to postponing the trial to be had before the same or another
jury as to him may seem reasonable, and after the amendment
the trial shall proceed in like manner, and the inquisition, verdict
and judgment, shall be of the same effect, and the record shall
be drawn up in the same form, in all respects as if the inquisition
had originally been in the form in which it stands when
amended.
(2) For the purposes of any such amendment, the
Judge may respite any of the recognizances taken before the
appropriate Coroner, and the person bound by such
recognizances shall be bound without entering into any fresh
recognizances to appear and prosecute, give evidence, or be
tried at the time and place to which the trial is postponed, as if
they were originally bound by their recognizances to appear
and prosecute, give evidence, or be tried at that time and
place.
Respite o f
recogni-
zances on
postpone-.
ment o f
trial.
212009
S. 9.
IThe inclusion of this page is authorized by L.N. 12312011)
20.06 CORONERS
Removal of 25. Where a place has been provided by any Local Board
dead bod~es.
212009
of Health for the reception of dead bodies during the time
s 9 required to conduct a post'mortem examination the appropriate
Coroner may order the removal of a dead body to and from such
place for canying out such examination, and the cost of
such removal shall be deemed to be part of the expenses
incurred in and about the holding of an inquest.
Quarterly
returns of
inquest and
other reported
deaths.
1011982
S. 12(a) & (b).
212009
S. 9.
26. Every person who performs duties as Coroner by virtue
of section 4 or 5A shall make and transmit quarterly
returns to the Minister in such form and containing such
particulars as may by him from time to time be prescribed,
of all cases of which he has been notified under section
7, or in which an inquest has been held by him, or by
the Clerk of the Courts in lieu of him, during the preceding
quarter.
Ministermay 27. It shall be lawful for the Minister at any time during the
prohibit
holdingof prevalence of any endemic or epidemic disease, by order to
inquestsin prohibit the holding of an inquest on the body of any person
certain cases. dying within any prison, hospital, or public institutibn, whose
death shall be certified by an entry in the books of such prison,
hospital, or institution under the hand of the medical attendant
thereof, to have been caused by any such disease.
Cormtionof 28. Where an error of fact or substance (other than an
error in
certifiedcopy error relating to the cause of death) occurs in the informa-
ofmedical tion given by a certificate given by the appropriate Coroner, the
report for appropriate Coroner may, if satisfied by evidence on oath or
m o o 9 statutory declaration that such error exists, certify under his
s. 9. hand to the Registrar-General, the nature of the error and the
true facts of the case as ascertained by him on such evidence;
and thereupon the Registrar-General shall cause the error
to be corrected by entering in the margin of the Form and
[The iadusioa of tbis page i s authorized by L.N. 123120111
CORONERS
counterfoil containing the entry in question (without making
any alteration of the original entry) the facts as so certified by
the Coroner.
29. Any person performing duties as Coroner by virtue of Extortion.
corruption, section 4 or 5A and who is guilty of extortion, corruption, wilful
a neglect of his duty, or of misbehaviour in the discharge of his neglect,etc., by Coroner. duty shall be guilty of a misdemeanour; and any such person 2noo9
who fails to comply with the provisions of this Act with s.9.
respect to the delivery of the inquisition or to the taking and
delivery of the depositions and recognizances, where it is 611982
suspected that the deceased came by his death by murder S. 1 3 .
or manslaughter, shall on proof of such non-compliance be
liable to be fined by the Court to whose officer the inquisition,
depositions and recognizances ought to have been delivered,
in such an amount as to such Court shall seem meet.
30. A Coroner shall- continue as heretofore to have Treasure
jurisdiction to enquire of treasure that is found, who were the "OVe.
finders, and who is suspected, or who is suspected of being the
finder, and the provisions of this Act shall, so far as is
consistent with the tenor thereof, apply to every such
inquest.
31. A Coroner shall not take pleas of the Crown nor hold Limitation
of Coroner's inquests of royal fish, nor of wreck, nor of felonies, except jurisdiction.
felonies on inquisitions of death; and he shall not inquire of the
goods of such persons as are charged with murder or 611982
manslaughter pursuant to section 19.
32.-41) Every juror who is summoned under this Act shall Expenses
be entitled to be paid- of jurors. 611 982
S. IS.
(a) for each day or part of a day that he is required to
attend the inquest, the sum of such amount as the 1011999
Minister may, by regulations, prescribe; s. 3 (a).
[The inclusion of this page is authorized by L.N. lUL2Ollj
CORONERS
(a) in respect of his traveling to and from the place to
which he is summoned, such sum as the Minister may,
by regulations, prescribe.
(2) [Deleted by Act 10 of1 999.1
Subsis- 33.-41) Where the taxing officer is satisfied that by reason
tence allow-
ance. of-
(a) the distance between the home of a juror :and the place
at which an inquest is held; ,or I
j
(b) the state of health of a juror; or
(c) the means of communication between the home of a
juror and the place at which an inquest is held;
or
(4 the necessity for a juror to attend an inquest upon more
than one day,
a juror was necessarily absent from his home for more than one
day, the taxing officer may allow, in addition to any sum
payable to the juror under section 32, such fbrther sum as he is
satisfied represents any reasonable expenditure actually incurred
by the juror for lodging and necessary subsistence during the
peGod between his departure from his home to attend an
inquest ahd his return to his home after so attending an inquest.
(2) For the purposes of this section "taxing officer"
means the Clerk of the Resident Magistrate's court for the
parish in which an inquest is held.
Regulations. 34. The Minister may make regulations generally for giving
611982
S. 16. effect to the provisions of this Act and without prejudice to such
general power may make regulations-
(a) prescribing any form considered necessary or desirable
for the purposes of this Act;
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CORONERS 23
(b) revoking or amending the forms set out in the
Schedule; Schedule.
(c) stipulating the persons entitled to attend or be 6~2005
represented at a post mortem examination conducted S. 16(b).
pursuant to section 6, the notice to be given to such
persons and the procedure to be followed in
connection with their attendance at the post mortem
examination.
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CORONERS
Oath.
Section
19 (I).
Inquisition.
Section
22 (I)(b).
611982
I st Sch.
Form of Oath of Injury
You shall diligently inquire and a true presentment make of all such
matters and things as are hereby given you in charge on behalf of Our
Sovereign Lady the Queen touching the death of C.D., deceased, and
shall without fear or favour, affection or ill-will, 'a true verdict give
according to the evidence, and to the best of your skill and knowledge.
So help you God.
Form of Inquisition
No. of Inquest.
Date , I 9
Jamaica, SS.
Parish of
An inquisition taken for Our Sovereign Lady the Queen, at
in the parish of , on the day of
,I9 , before, [Resident Magis-
trate for the parish of , and as such Coroner for such
parish][of the Office of the Special Coroner] touching the death of, deceased
upon the oaths of
good and lawful men of the same parish, duly sworn to inquire for Our
Sovereign Lady the Queen as to his death; and those of the said jurors whose
names are hereunto subscribed upon their oath do say-
(Here set out the circumstances of the death, us for example)
(a ) That the said C.D. was found dead on the day
of , in the year aforesaid, at
in the parish of (or set out other place of death),
and
(6) That the Cause of his death was that he was thrown by E.F.
against the ground, whereby the said C.D. had a violent concussion of
the brain and instantly died (or set out other cause of death).,
(Here set out the conclusion of the jury as to the death, asfor example)
(c ) And so do further charge the said E.F. with unlawfully killing
(or unlawfully, wilfully and of malice aforethought murdering) the
said C.D.;
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CORONERS 25
or, do further say that the said E.F. by misfortune and against his will
did kill the said C. D.;
or, do further say that the said E.F. in the defence of himself (and
property) did kill the said C.D.
(In case of there being an accessory before the fact, add)
And do further charge K.L. with unlawfully inciting (or procuring, 611982
aiding, counselling and commanding, or as. the case may be), the said E. F. to 1st Sch.
'a commit the said murder. (At the end, add)
In witness whereof as well the said Coroner as the jurors have here-
unto subscribed their hands and set their seals the day and year first
above kitten.
(Another example is)
That the said C. D. did on the day of ,
fall into a pond of water, situated at , by means
whereof he died.
(Here set out the conclusion of the jury as to the death, as for example)
And so do further say the said C.D., not being of sound mind, did kill
himself;
or, do further say that the said C.D. did feloniously kill himself;
or, do further say that by the neglect of E.F. to fence the said pond
C.D. fell therein, and do therefore charge E.F. with unlawfully killing 611982
the said C. D.; 1st sch.
or, do further say that the said C.D. by misadventure fell into the said
pond and was killed.
FORM C
Form ofRecognizance
Jamaica, SS.
Parish of
Recogni-
zance.
Section 22
(1 )(c).
Be it remembered that on the day of ,
19 , A. B., of (labourer), L. M., of
(planter), and N.O., of (butcher), personally came ,
before me, [Her Majesty's Coroner for the parish of ] 2n009
[Special Coroner] [Assistant Special Coroner] and severally acknowledged S.9.
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CORONERS
themselves to owe to Our Sovereign Lady the Queen, the several sums
following, that is to say, the said A.B., the sum of , and
the said L.M. and N.O., the sum of each, to
be levied of their several goods and lands by way of recognizance to
Her Majesty's use, if he the said A.B. fail in the condition
r..
following-
(In case of recognizance to appear andgive evidencebejbre the
Coroner, add)
He shall appear personally at the Court of the said Coroner, to be held
on the day of , next, at ,
in the said parish, for holding an inquest touching the death of the said C.D.,
there to give evidence of anything he knows touching the death of the said
C.D. and shall not depart the said Court without leave.
(In case of recognizance to prosecute and give evidence at the
Circuit Court, add)
He shall appear personally at the next Circuit Court to be holden
at , in and for the parish of ,
611982 there to prosecute and give evidence to the jury that try E.F. (now in custody
I st sch. charged with the wilful murder of C.D.), upon the inquisition taken before
me, the above-named Coroner, touching the death of C.D., and shall not
depart the Court without leave.
(In case of recognizance to appear for trial, add)
He shall appear at the next Circuit Court to be holden at 9
in and for parish of , and there surrender
himself into custody of the Keeper of the gaol or other prison there, and plead
61 1982 to the inquisition taken before me, the above-named Coroner, touching the
1st Sch. death of C.D., where a charge of manslaughter has been laid against him,
and shall take his trial upon that inquisition, and shall not depart the Court
without leave.
(In every case add at the end)
Then if the above conditions are fulfilled, this recognizanye shall be void,
but otherwise shall remain in full force.
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CORONERS
FORM D (Sections 10 and 15) L.N.
22711984
CERTlFlCATE OF CORONER
DEATH IN THE DISTRICT OF.. ..........................
Place ofDeath 1 , Usual . Residence ofDeceased
~aiticulars of Deceased I Cause of Death
Sex.. ........................................
Age.. .......................................
......... Date of Death .................. 1..
Full Name.. .........................................
Marital Status-
1
.................. (Immediate Cause) (a)
due to
Single
Married
Widow/ Widower
Divorced
(6): .................
due to
(Contributory). ..........................
Certified by ...............................
Qualification '
Name and address of person who found / or identified body.. ....................
1 certify that the above particulars have been determined by me upon
....................................................... a report received from and upon
other evidence available to me.
Signed.. ...................................
[Coroner] 2R009
[Ofice ofthe Special Coroner] S. 9.
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CORONERS
611 982
1st Sch
.
212009
S 9.
/
2l2009
S. 9
FORM E (Sections 2 2 ~ (1) and 22B)
Summons of a Witness
TO: A. B. of , in the parish of ,
WHEREAS an inquest is to be held touching the death of C.D., late
of , who died on the day of
, at , and it has been made to
appear to the undersigned, [Coroner for the parish of 1
[Special Coroner] [Assistant Special Coroner], that you are likely to give
material evidence concerning the death of the said C. D. :
This is therefore to require you to be and attend on the
day of , at o'clock in the fore-
noon at before me, to testify what you know concerning the
said death (If the person summoned is to produce any documents or articles
add):
And you are required to bring with you (spec~fL the documents or articles
required).
Given under my hand this day of
the parish of
[Coroner for the parish of
[Special Coroner] [Assistant Special
I
Coroner] 1
611 982 FORM F ' (sections 2 2 ~ (6) )
1st Sch.
Warrant where Witness has not obeyed the Summons
WHEREAS- -
(a ) an inquest was ordered touching the death of C.D., late
of ~ , who died on the day of ,
and
( b ) it having been made to appear to the undersigned, [Coroner for the
parish of 1 [Special Coroner] [Assistant Special
Coroner], that A.B. of , in the parish of ,
was likely to give material evidence concerning the death of the
said C.D., I duly issued my summons to the sa'id A.B. requiring
him to be and attend at o n the day of ,
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I
CORONERS
at o'clock in the forenoon of that day, before me to
testify as aforesaid;'and
(c) it has been proved to me upon oath that such summons was duly
served upon the said A. B.; and
(d) the said A. B. has neglected to attend at the time appointed in such
summons, and he has not offered any reasonable excuse for such
neglect:
This is therefore to command you to bring and have the said A.B.
3 brought before me, at , on the day of , at o'clock in the forenoon, to testify as
aforesaid.
Given under my hand this day of ,
in the parish of
[Coroner for the parish of ] 212009
[Special Coroner] [Assistant Special s. 9.
Coroner].
To each and all of the Constables of
Officers in the parish of
, and to all other Peace
FORM G ' (Sections 22A (7) ) 611982
I st Sch.
Warrant in the first instance
(a) an inquest is to be held touching the death of C.D., late of
, who died on the day of v
and
(6) it has been made to appear to the undersigned, Coroner for
the parish of that A. B, of is
likely to give material evidence concerning the death of the
said C.D. and it is probable that the said A.B, will not attend
and give evidence without being compelled to do so:
This is therefore to command you to bring and have the said A.B.
brought before me, at on the day
0 of at o'clock in the forenoon, to testify as aforesaid.
Given under my hand this day of
in the parish of
[Coroner for the parish of ] 212009
[Special Coroner] [Assistant Special - s. 9.
Coroner].
To each and all of the Constables of , and to all other
Peace Officers in the parish of
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