Coroners Act 1962

49A.

F74[Entry to premises to inspect, copy, take extracts from or seize documents, etc.

49A. (1) A coroner may not enter any premises for the purposes of the performance of his or her functions under this Act in relation to the death of any person except

(a) with the consent of the occupier of those premises, or

(b) under the authority of a warrant issued under this section.

(2) If a judge of the District Court is satisfied by information on oath of a coroner that there are reasonable grounds for suspecting that there are in any premises any documents, articles, substances or things required by the coroner for the performance of his or her functions under this Act in relation to the death of any person, the judge may issue a warrant authorising the coroner to enter those premises and to inspect, copy or take extracts from or, if necessary, to seize those documents or to inspect or, if necessary, to seize those articles, substances or things.

(3) A warrant issued under this section shall be expressed, and shall operate, to authorise the coroner named in the warrant, accompanied by such (if any) members of the Garda Síochána, or designated officers of the Ombudsman Commission where there is a relevant Ombudsman Commission investigation concerning the death of the person in relation to whose death the warrant is issued, as the coroner considers necessary

(a) to enter, at any time or times within one week of the date of the issue of the warrant, on production if so requested of the warrant or a copy of it and if necessary by the use of reasonable force, the premises named in the warrant, and

(b) to inspect, copy or take extracts from or, if necessary, to seize the documents concerned, or to inspect or, if necessary, to seize the articles, substances or things concerned, in those premises.

(4) A coroner who, under a warrant issued under this section, seizes any documents, articles, substances or things shall return those documents, articles, substances or things to the person from whom they were seized when they are no longer required for the performance by the coroner of his or her functions under this Act in relation to the death of the person concerned.

(5) A person who obstructs or attempts to obstruct the coroner, a member of the Garda Síochána or a designated officer of the Ombudsman Commission acting under the authority of a warrant issued under this section shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(6) The power of the District Court to issue a warrant under this section shall be exercisable by a judge of the District Court who is assigned to the district court district in which the premises concerned are situate.]

Annotations

Amendments:

F74

Inserted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 30, S.I. No. 448 of 2019.

Editorial Notes:

E71

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