OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY

NASSAU I" February, 20 12 (B)

.\1 \ CIST ER I. \1. SI TTI\C OF COt I<T ~OTI C F , 201 2

\r r :tn !_! L' IIl t llt o f Re~ ui:J t io u-..

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S.I. No. 15 of2012

CORONERS ACT, 2011 (No. 2 of 2011)

CORONERS RULES, 2012

In exercise of the powers conferred by sections 47 of the Coroners Act, the Rules Committee, after consultation with the Attorney-General, makes the following Rules-

1. Citation and commencement

( 1) These Rules may be cited as the the Coroners Rules, 2012.

(2) These Rules shall come into force on the 1st day of February, 2012.

2. Interpretation.

In these Rules -

"Act" means the Coroners Act, 20 11 1;

"court" means the coroner's court established under section 4 of the Act.

3. Seal of court.

The seal of the court shall be in the form and pattern set out in the First Schedule.

PART 11-INVESTIGATION OF DEATH

4. Reporting of death.

( 1) For the purposes of section 14 of the Act, a report of a death shall be made

(a) in person; or

(b) by any available means of communication.

(2) A person who reports a death as required by section 14 of the Act must, within forty-eight hours after making the report, provide the coroner or the police officer to whom the report was made, with a written confirmation ofthe report.

'No. 2 of2011.

Page- 2

5. PostMmortems.

(I) Where a coroner directs that a post-mortem of a body be carried out pursuant to section 30 of the Act-

(a) the directive shall be in Form I of the Second Schedule and shall specify whether a full or limited post-mortem is to be performed;

(b) the pathologist conducting the post-mortem shall-

(i) perform the post-mortem as soon as practicable after receiving the direction, or, immediately if so directed;

(ii) notify the coroner-

(aa) if any, of the preliminary findings as to the cause of death or that the cause of death is still under investigation; or

(bb) whether any of the deceased person's organs have been retained and, if so, the reason for the retention;

(cc) within twenty-eight days of completing the post- mortem, or within such longer period as the coroner may allow, of the findings of the post- mortem.

(2) The pathologist shall not notify any other person of the post-mortem findings without the prior approval of the coroner.

(3) A family member of the deceased may-

(a) request that a post-mortem be performed and shall do so in Form 2 of the Second Schedule;

(b) request a copy of the pathologist report on the post-mortem and shall do so in Form 3 of the Second Schedule; or

(c) object to a post-mortem being performed and shall do so in Form 4 of the Second Schedule stating the reasons for so doing and the coroner shall in carrying out his duties, take into consideration such reasons.

6. Notice of inquest

Notice of an inquest required to be given in accordance with section 28 of the Act shall be in Form 5 of the Second Schedule and may be in writing or in electronic form. ·

7. Coroner's findings to be given to next of kin.

At the conclusion of an inquest, the coroner shall cause a copy of his findings to be provided to the deceased person's next of kin in Form 6 of the Second Schedule.

Page- 3

8. Exhumation warrant

A warrant for the exhumation of a body pursuant to section 29 of the Act, shall be in Form 7 of the Second Schedule.

9. Authorisation for disposal of human remains.

An authorisation issued pursuant to section 40(1 )(b) of the Act shall be in Form 8 of the Second Schedule .

PART Ill - CONDUCT OF INQUEST

1 0. Proceedings on inquests.

( 1) A summons made pursuant to section 3 2 of the Act is to be in Form 9 of the Second Schedule.

(2) The summons may be served on a person -

(a) personally; or

(b) by being left at the person's usual place of abode or business with someone who has apparently attained 18 years of age.

(3) The person serving the summons shall -

(a) endorse a copy of the summons with the date and place of service; and

(b) sign the endorsement.

(4) In any proceedings for a failure to comply with a summons, a copy of the summons endorsed in accordance with paragraph (3) is evidence that -

(a) the endorsement was signed by the person whose signature it purports to be; and

(b) any statement contained in the endorsement is true.

11. Summoning of jurors.

A summons to a person to serve as a juror pursuant to section 39 of the Act shall be in Form 10 of the Second Schedule.

12. Warrant of apprehension.

A warrant of apprehension under section 32(2) of the Act shall be in Form 11 of the Second Schedule.

13. Forms of evidence received by the court.

( 1) A coroner may accept -

Page- 4

(a) oral evidence given under oath;

(b) evidence tendered by statement or affidavit; or

(c) documentary or other evidence tendered as an exhibit.

(2) If a statement is tendered as evidence in an inquest, the coroner may -

(a) direct the witness or any other person to read the statement;

(b) read the statement; or

(c) accept the statement as read.

(3) If an affidavit is tendered as evidence in an inquest, the coroner may-

(a) if the deponent is summonsed as a witness, direct the deponent to -~~the affidavit;

(b) if the deponent is not summonsed as a witness, direct any other person to read the affidavit;

(c) read the affidavit; or

(d) accept the affidavit as read.

( 4) Where oral evidence is given in an inquest, the coroner shall cause such evidence to be recorded.

(5) For the purposes of this rule, "oral evidence" includes a deposition or affidavit read to the court.

14. Accessibility of evidence.

( l) An application by a member of the public to inspect a copy of any evidence pursuant to section 43( I) of the Act shall be made in Form 12 of the Second Schedule.

(2) Upon receipt of an application referred to in paragraph (l), the coroner shall upon payment of the fee specified in the Third Schedule, permit the applicant to inspect a copy of any evidence.

(3) An application by a member of the public to inspect or obtain a copy of any material referred to under section 43(2) of the Act shall be made in Form 12 of the Second Schedule and the coroner may upon receipt of the application grant permission to the applicant, subject to such conditions as he thinks fit.

( 4) In determining whether to grant permission under paragraph (3), the coroner may consider such matters as he thinks fit and in particular-

(a) whether the person has a sufficient personal or professional interest in the investigation to which the record relates;

(b) whether granting access to inspection or a copy of the material is likely to unfairly prejudice the interests or reputation of another person.

(S) The coroner may waive payment of the fee required under this rule .

Page - 5

PART IV - PRE-INQUEST CONFERENCE

15. Pre-inquest conference.

(I) i\ .:ornncr may ~umrnon any one or more pcr:-on~ whu havt! a sufficient intt:rc~a in an invcstigation (and their rcprcsentatiH:s, if any) tu attend a prc - inque~t Cl>nfcr..:nce f(x the purpose of fa..:ilitating the conduct of the im l'Stigation or. if appli.:ahk:, the rest of the im·estigation.

( 2) A summr)ns issued undcr paragraph (I) shall be in Form 9 of the Second .\'chedule and ~hall state the time and place nfthc umfercncc.

16. Proceedings of pre-inquest conference.

\\'here a pre-inqut!st cllnfercncc IS ~ummoned under ru le 16, the coroner shall

(a) appoint the tirnc and place for the inque:;t:

(b) identify any is-.ues that is expected to ari!:>C in the investigation;

(..:) identify any pchon ~A hv might be a potential witness in the if1\ estigation and indicate the probable nature of their evidence.

17. Powers of chairperson.

1 1) ·1 he coroner may dire..:r a p..:rson attending the conference to do any one or more of the follov.ing

(a) produce any J~>curnent or thing that the pcrslln considers might he rek:vant h) the i nvc~tigation;

(b) allow any pers\!0 to participate in the conference or any part of it by means of a tekphonic or audio-\isuallink ;

(c) confer with any l1ther person about the investigation;

(d) find out infom1ati1m or procure documents that might be rele'vant to the investigati1m:

(t:) take any other r~?a-;onablc action that it is\.\. ithin the person's pm, er to take for the purpose of facilitating the investigation;

(I) adjourn the confcrenc~? from time to time. or place to place:

(C!) such other thing as the chair consider~ necessary or expcdil·nt having regard to the purpose of the conference.

(2) l'hc .:oroncr may invite 11r allow any disinter..:stcd person to attend and part icipate in the cont~rcnce if the chair reasonably considers that they may be able to eontrihut..! something of value. ~uch as expert or special knowkdge, to the confercnc..: proceeding~.

(:;) If the coroner reasonably considers that the conference or any part 11f it should be held in private, he may direct an) person to lea\ e, 0r not In cntcr. the confer~?ncc 'venue .

Page- o

( 1) Lx.cept as ot herwi~e provided by this rule, the coroner may regulate hi s or her 0\\'11 proceedings.

18. Failure to comply with rules.

A failure to co mply with any of the prov i s i ~m s of these Rules, shall not re11Jer \ l) icl any proceed ings under the Act, unle ~s the c0roner otherw·ise directs.

FIRST SCHEDULE

SEAL OF CUL.:RT

(rule 3)

···- ----- ---- -- - - - - - -- ·-· ----- Page ~ -;

SECOND SCHEDULE

FOR.l\111

(rule 5(1 )(a))

CORONERS ACT

DlRECTfVE BY CORONER TO PERFORM A POST-iVlORTEM OF A BODY

To:

I, (name of coroner), coront:r,

Pur:.uant to section 30 of the Coroners Act, I hereby direct you, (state name of

patholoRi ~f) to perform a post mortcm of the body of (state name of deceased person)

of (staff' addri!SS of deceased person).

Dated at this day of ) 20

CORONER

Page- 8

FOR:H 2

(rule 51) )(a))

CORO~ERSACT

APJ>UC'AHO:\ FOR REQUEST FOR POST<YlORTEM TO BE PER:\'IORMEO

1,, : TheCoronc:r Coruner 's CPun I he Bahamas

hereby rcquc~t that the eun'llcr direct that a patlh,lu~ist perform a P('~t mortem of the

bnd: of rnwn( !!/ dec,·ased person; pf ( l'ta/e aJdrt!I'S of deceased per.1n11) pursuant Ill

Dat~d at this 20

Print name cif family memha (1r person cnnc,·rned

Signature

Pa!!e- 9

r "

FORMJ

(rule 5(3)(b))

APPLICATION FOR REQliEST FOR A COPY OF

POST-MORTI::M REPORT

1,1: f he Coront:r C< >roner's Coun I he Baharna~

l. (specVy ntlmt> o(family memba or person concerned), of (state address),

pur-,uant to ruk 5l ~) of the (',)roncrs Rules, here by request that the comn..:r provide me

\\ith a copy of th...: pathologist post mortem r...:pon of the body l)t (-;tatc namt] of

de, em·,!d pason) of (>Tart] aJdre\'S of dec.?ased persnn).

Dated at this day of '20

Print n,unt! offamily member <)r pennn concerned

Signature

P.l!!t.: - I f)

FOR:Vl ~

(rule 5())(c))

CORO:\ FRS ACT

OH.J ECTIO'\' TO A POST MORTF\'1 OF A BODY

I ( 1· Ilk' l ·, '~' ' l th: r. Cur•'!l-: ( ., l \ )Urt

i Ill' H<~ h .l nHb

,·.hjc..:r to :!11\ di r~·.:ti<lll by tho..: C<lfO!ll'r i (' perform a fhl <.tmnrt.:m nf the hod; nf (name

!latn l at da: of . 20

\i~naturc

FOR:\1 5

CORONERS ACT

,\OTICF OF 1'\QI : EST

(rule 6)

I . 1 n,mu' of l orr mer 1 • -:1,rc'ner.

l'ur~uant tll ~~,: ti on 2 of the Coruncr:, 1\..:t, I hereby gi\c nuti-:c that an

l>att::d th;.; day ot'

CORO'\IR

(;.-:al)

' 20

FORM6

CORO:"tERS FL~l)INGS

(rule 7)

CORO';ER'S FfNDi~(;S AT CONCU!SffOl\ OF D~Qt!IEST

I hav~ inquir~d in to the cause or l:irl:urnstam:cs of the death of.

:\ame:

Add re-;.; :

Date of Birth & (iender:

. .. _ 1

Day: Month: Year: Age: Gender: Male I ] Female l

and I 111-.RFI-.rY H'-:D that:

('v'ame ofdec.:ased person) died (provzde narrative of cause or circumstances of death):

(\'ame o( d.:cca.1 ed person) died on:

~i\ ·ame o{dt.!ccased person) died at :

Page - 13

OR

I have determined that an inquest was not necessary into the death of:

Name:

Address:

Date of birth:

jDate: Month: Year: Age:

Coroner

Signature

Date

TO BE DETACHED

(for office use only)

Coroner's instructions to coroner 's clerk

Gender: Male [ ] Female [ ] J

A copy of these fmdings is to be provided to: The Attorney-General [ 1 The Registrar-Genera\ [ 1 and the following family member(s): person nominated by the deceased before death [ ] spouse (including de facto spouse) [ ] adult child [ 1 parent [ ] adult sibling [ 1 adult with sufficiently close relationship to deceased [ 1

Page- 14

To: And to:

FORM7

CORONERS ACT

WARRANT FOR EXHUMATION OF A BODY

(rule 8)

The next of kin of (deceased) of (state address of next of kin) The relevant officer of (state the name of cemetery where body is buried)

Believing on reasonable grounds that it is necessary for the investigation of the death of (state full name of deceased) of (state last residential address), I HEREBY ORDER pursuant to section 29(1) of the Coroners Act, that the body of (state full name of deceased) that was buried on the (state the date when the body was buried) at (state the location of burial) be exhumed.

I HEREBY FURTHER ORDER that the body be taken without delay to the Princess Margaret Hospital's Mortuary (or such other place as may be directed) and be held there until I order that it may be buried again.

Made this day of , 20

Signature _______ _ _ CORONER

APPROVED BY

ATTORNEY-GENERAL

Page - 15

FORM9

CORONERS ACT

SUMMONS TO ATTEND AS WITNESS OR PRODUCE DOCUMENTS

(rule 10(1))

To: (witness name)

(witness address)

An inquest is to be held into the death of (state name of deceased person), which occurred at (state location of death) on the (state date of death of deceased person).

What you must do:

You must attend the inquest Give evidence Bring the following documents and materials (if any, specified below):

Information about the inquest:

You must attend the Coroner's Court at (state court location) at (state address of court) at (state time of inquest) on (state date of inquest).

It is an offence to disregard this summons. If you disobey this summons you commit an offence and are liable on summary conviction to a fine of $5,000.00 or to a term of imprisonment of twelve months or to both fine and imprisonment.

CORONER

Issued at the Coroners Office, (court location) on the

SERVICE OF SUMMONS

(Office Use Only)

I (state name) of(state address) in The Bahamas, today duly served the within named person with a copy of this summons·

(a) personally at (state address); or (b) by leaving a copy with a person apparently over the age of 18 years at (state address) being his usual place of residence I business.

Signature

Name

No. Date:

Page- 17

FOR.J.\-f 10

SUM"'ONS TO SERVE AS A JVROR

(mle 11)

ll,. t .lurur'~ name 1

\.!11ror\ addre<;s)

:\n inquest i-; to be hcld into the death of (state> name of deceased person) which

nccurrcd at ( :;pccit~· locatiOn of death) on the ( \pecify date of death) .

';'ou <:m.: hereby ~umrnoncd to appear before the.: coroner as a jurtlr at the

C ·ur•m.:r\ C 'uurt at (srare lucalum of court) at ( .\tall! rime of inquest) on (spec[jy date

ti11· illtfl li',·n until cli~mi-;,;ed b:: the wurt.

Coroner l'!' Pnli .::c Otftccr authtlri~cJ by. the Coroner

l."uc.:J at the CNOflL'I'S Office, (state location 1 t)fl thc (specUiy date).

SH{\' lCf. OF SL:v1\110\.'-;

( Oflicc Use Onl~)

I. \11 1111 . ~ ,,f ,rji ... <'r l of (sful• ' ,u/drcss) in The Hah :ima~ . tn,la) duly served the Within named pl·r.;.m witn .1 C(' rY ofthi' sumnwn~-

l .t ) p<: rJ.li\JII) at (,ure uddr,·;.,): ur (h) h:. k ,t\ tng a cup) \\ ith ,, p~ r '>on apparent!) mer t ilt: a~~ of I X y.::ars at ( '>tJte address) h,·tn . ~ hi , ,,.,u.tl plac.: uf n:-.id..:n,·c hu~ tne; <; .

·.,. .. .. l.>at.: .

j> ~L! I...' i X

FOR.\'1 ll

\V:\RRA:\T OF :\PPREHE~SJO:\ OF\\ IT:\FSS

(rule12J

lnque:-l int<l th~· death of (Hate name ol dece.:zw•d) o!' l 1·h1le address !!{deL C'tlsed fh'T\'t!ll;

I ( >: I h.: ( ·llmmi:>sioncr Df Police and every peace oflicer

'.\tart! name of 11·ime.1 _,) of l 1tate address •J( ll·illlt '.' -1) has been summonsed to att..:nd .h , t ,qtne-.s or I\) pi<ldtk'L' du-:ument~ or nth.:r mah:riab at the Coroner':-. Court at ( 'fill c' , n/lr£ \· focatiolli. on thl' 1.\pecify datP) at ( \}'t'C[ti· timfl .

Prtll'i" ha<; been :;i\t'!l that the '-Ummnn-; ha~ hecn sern~d on lstatl:' name of v. ill~< ' '. ' ; and that *he ,·ht: did nnt appear at the time and place appointed b) the •llrllilh ' 11 '·

y,,u arl' commanded (l' arre~t ( 11atc nume o( 11 ilnt:S\1 and bring *him hL.,- bcl\m:: r,t,l!< iltlfl!t' o{ c:orona; to be dealt 11 ith a..:CLHding to !.111.

Dakd:

I dtre.·t thJi the 11 itne·, -; 11 hcn apprehended may he n.:lt:aseJ on *histher sit!ning and undc:rul-. 11 1~ conditiun:-; fur ·~ hi~ • her appearance before the CllWners Cnurt at (time) on I he: ( d:t l:.!) .

CORONFR(~i:nl 1

FORM 12

.\1'1'1 .lC.\TIOJ\" TO L~SPECT AND OBTAl:\ COPY OF (E\'li>ENCE OR \'IATF.RIAI.)

1 o: 'lit-: C'l)fO!h:t ('••r••na 's C-.llli"t I hL· Haharna:;

in-,pcc't and rake copiL'S of:

rrulc 1-1(1)&(3))

i \ , ·r . !Ill 1 he mall<!n li nt.>ul in 1·ec1 ion -13 rl; 1 "' ':! 1 of rhc Coronen .!Cf I

f)akd at thi-, . 20

Print llilln< t1/ /iill!ily mt'mbt!r •>r f'•nnn t flnc ,'/'1/ecl

Signature

THI RD SCHEDLLF.

FEES

Application to inspect a copy of evidence. wri ttt:n findings or order of the court

Application to inspect a copy of any documentary material admitted into evidence

Copy of a transcript of c\ idencc, any documental) material admitted into c\ idence. transcript of written find ings or order of the court

Copy vf photograph, slide. tilm, video tape, audio tape or fo rm of recording from which i1 visual image m sound can he produced

Copy of any other material not menrioned abo\'e

Made this 3 151 day of January, 201 2.

Signed MICHAEL BARNETT RULES COMMITTEE

$ 10.00

10.00

1.00 per page

I . 00 per page

1.00 per page

Pag~ - 21