Coroners Act 1962

Non-attendance of jurors and witnesses.

37

F64[37.—(1) A person who, having been duly served with a summons requiring him to attend an inquest as a juror, fails F65[without reasonable excuse] to attend on the date and at the time and place specified in the summons shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500.

(2) A person who, having been duly served with a summons requiring him to attend an inquest as a witness, fails F65[without reasonable excuse] to attend on the date and at the time and place specified in the summons shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

F65[(2A) Where a person who, having been duly served with a summons requiring him or her to attend an inquest as a witness, fails without reasonable excuse to attend on the date and at the time and place specified in the summons, the High Court may, on application to it in that behalf by a coroner—

(a) order the person to comply with the summons, and

(b) make such other order (including an order as to costs), if any, as it considers necessary and just to enable the order made under paragraph (a) to have full effect.

(2B) The amendment of this section (other than this subsection) effected by section 23 of the Coroners (Amendment) Act 2019 shall not apply if the date specified in the summons concerned falls before the coming into operation of that section.]

(3) The amendment of this Act (other than this subsection) effected by paragraph (c) of section 1 of the Coroners (Amendment) Act 2005 shall not apply if the date specified in the summons concerned falls before the passing of the second-mentioned Act.]

Annotations

Amendments:

F64

Substituted (21.12.2005) by Coroners (Amendment) Act 2005 (33/2005), s. 1(c), commenced on enactment.

F65

Inserted (16.01.2020) by Coroners (Amendment) Act 2019 (29/2019), s. 23, S.I. No. 12 of 2020.

Modifications (not altering text):

C14

Application of subs. (1) restricted (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:

E67

A fine of €500 translates into a class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.