Coroners Act 1962

Inquest on order of Attorney General.

24

24.(1) Where the Attorney General has reason to believe that a person has died in circumstances which in his opinion make the holding of an inquest advisable he may direct any coroner (whether or not he is the coroner who would ordinarily hold the inquest) to hold an inquest in relation to the death of that person, and that coroner shall proceed to hold an inquest in accordance with the provisions of this Act (and as if, not being the coroner who would ordinarily hold the inquest, he were such coroner) whether or not he or any other coroner has viewed the body, made any inquiry, held any inquest in relation to or done any other act in connection with the death.

F46[(2) Whenever an inquest is held by virtue of this section by a coroner other than a coroner who would ordinarily hold the inquest

(a) the Minister, if the coroner who would ordinarily hold the inquest is a coroner for the coroners district of Dublin, or

(b) the local authority liable to pay the salary of the coroner who would ordinarily hold the inquest,

shall pay the coroner who holds the inquest such fee as may be prescribed together with such sum to cover his or her travelling and other expenses as shall be agreed upon

(i) between the coroner who holds the inquest and the Minister, in the case of an inquest that would ordinarily be held by a coroner for the coroners district of Dublin, or

(ii) in all other cases, between the coroner who holds the inquest and the local authority referred to in paragraph (b) or, in default of agreement, as shall be fixed by the Minister.]

Annotations

Amendments:

F46

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 15, S.I. No. 448 of 2019.

Modifications (not altering text):

C9

Reference construed (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 50(2)-(3), S.I. No. 370 of 2022.

Application of Act of 1962 and Act of 1976

50. (1) Subject to subsections (2) and (3), this Part is without prejudice to the application of the Act of 1962 to a Stardust inquest.

(2) In the case of a Stardust inquest, the reference to “in accordance with the provisions of this Act” in section 24 of the Act of 1962 shall be read as a reference to “in accordance with the provisions of this Act and Part 8 of the Civil Law (Miscellaneous Provisions) Act 2022”.

(3) The following provisions of the Act of 1962 shall not apply in respect of a Stardust inquest:

(a) section 36, insofar as that section relates to jurors;

(b) section 37(1);

(c) section 39;

(d) section 40;

(e) section 43;

(f) section 44;

(g) subsections (1) (b) and (2) of section 56, insofar as they relate to jurors;

...

Editorial Notes:

E56

Power pursuant to subs. (2) exercised (29.04.2009) by Coroners Act 1962 (Fees and Expenses) Regulations 2009 (S.I. No. 155 of 2009).

E57

Previous affecting provision: power pursuant to subs. (2) exercised (16.12.2008) by Coroners Act 1962 (Fees and Expenses) Regulations 2008 (S.I. No. 561 of 2008); revoked (29.04.2009) by Coroners Act 1962 (Fees and Expenses) Regulations 2009 (S.I. No. 155 of 2009), reg. 6.

E58

Previous affecting provision: power pursuant to subs. (2) exercised (18.05.2007) by Coroners Act 1962 (Fees and Expenses) Regulations 2007 (S.I. No. 240 of 2007); revoked (16.12.2008) by Coroners Act 1962 (Fees and Expenses) Regulations 2008 (S.I. No. 561 of 2008), reg. 6.

E59

Previous affecting provision: power pursuant to subs. (2) exercised (3.03.2006) by Coroners Act 1962 (Fees and Expenses) Regulations 2006 (S.I. No. 122 of 2006); revoked (18.05.2007) by Coroners Act 1962 (Fees and Expenses) Regulations 2007 (S.I. No. 240 of 2007), reg. 6.

E60

Previous affecting provision: power pursuant to subs. (2) exercised (7.04.2005) by Coroners Act, 1962 (Fees and Expenses) Regulations 2005 (S.I. No. 196 of 2005); revoked (3.03.2006) by Coroners Act, 1962 (Fees and Expenses) Regulations 2006 (S.I. No. 122 of 2006), reg. 6.