Coroners Act 1962

33A.

F57[Duty to direct post-mortem examination

33A. (1) It shall be the duty of a coroner to direct that a post-mortem examination of the body of a deceased person, whose death has been reported to him or her under this Act, be made in the following cases:

(a) the death of the person may, in the opinion of the coroner, have occurred in a violent or unnatural manner, or in suspicious circumstances;

(b) the death of the person may, in the opinion of the coroner, have occurred unexpectedly and from unknown causes or in an unexplained manner;

(c) the deceased person was, at the time of his or her death or immediately before his or her death, in State custody or detention;

(d) the death of the person was a maternal death or a late maternal death;

(e) the death of the person may, in the opinion of the coroner, have occurred in circumstances which, under provisions in that behalf in any other enactment, require that an inquest should be held;

(f) the death of the person occurred as a result of an accident at work or was due to an industrial or occupational injury or disease or industrial poisoning.

(2) It shall be the duty of a coroner to exercise his or her power to direct a post-mortem examination where

(a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (d) applies,

(b) a member of the Defence Forces not below the rank of commandant in a case of the death of a person who is subject to military law under the Defence Acts 1954 to 2015,

(c) a duly authorised officer of a statutory body who is empowered under another enactment to investigate accidents, incidents or diseases resulting in death in a case in which the body is investigating the accident, incident or disease resulting in the death concerned, or

(d) a designated officer of the Ombudsman Commission in a case in which there is a relevant Ombudsman Commission investigation,

requests him or her so to do, and states the reasons for such request in writing.

(3) Upon receipt of a request under paragraph (a) or (d) of subsection (2) to direct a post-mortem examination in the case of a death in suspicious circumstances, a coroner shall direct a registered medical practitioner appointed by or on behalf of the Minister to make a post-mortem examination of the body of the deceased person.]

Annotations

Amendments:

F57

Inserted (16.01.2020) by Coroners (Amendment) Act 2019 (29/2019), s. 21, S.I. No. 12 of 2020.