Coroners Act 1962

Removal and custody of body pending inquest, etc.

46

46.(1) Where a coroner considers it necessary to hold an inquest on, or a post-mortem examination of, the body of a deceased person, he may direct that the body be removed into a convenient mortuary or morgue or other suitable place (whether inside or outside his district) and kept therein until he otherwise directs, and he may make such arrangements for the removal of the body as he considers necessary or desirable.

(2) The person in charge of a mortuary, morgue or other place into which the body of a deceased person is directed to be removed under subsection (1) of this section shall allow the body to be deposited in such mortuary, morgue or other place and shall keep the body therein until the coroner otherwise directs.

(3) Any person who obstructs the removal of a body pursuant to a direction under subsection (1) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F72[a class C fine or imprisonment for a term not exceeding 12 months or both].

(4) Any person in charge of a mortuary, morgue or other place who fails to comply with subsection (2) of this section shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F72[a class C fine or imprisonment for a term not exceeding 12 months or both].

(5) The removal of a body in pursuance of a direction by a coroner under subsection (1) of this section to any place outside his district shall not affect his powers and duties in relation to the body or the inquest thereon, nor shall it confer or impose any rights, powers or duties upon any other coroner.

Annotations

Amendments:

F72

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), ss. 28(1), S.I. No. 448 of 2019, subject to transitional provision in subs. (2).

Editorial Notes:

E70

A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.