Coroners Act 1962

Number 9 of 1962

CORONERS ACT 1962

REVISED

Updated to 16 May 2024

This Revised Act is an administrative consolidation of the Coroners Act 1962. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) (No. 2) Order 2024 (S.I. No. 207 of 2024), made 14 May 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 9 of 1962.

CORONERS ACT 1962

REVISED

Updated to 16 May 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Definitions.
2A.	Application of Act to still births.
3.	Regulations.
4.	Expenses.
5.	Repeals.

PART II

Coroners and Coroners' Districts

6.	Coroners' districts.
6A.	Coroner's district of Dublin.
7.	Amalgamation of districts.
8.	Office of coroner.
9.	Salary of coroner.
10.	Review of salary. (Repealed)
10A.	Tenure of office of coroner for coroner’s district of Dublin.
11.	Tenure of office of coroner.
11A.	Temporary coroner.
11B.	Assignment and appointment of temporary coroner where necessary due to number or nature of deaths.
11C.	Designation of senior coroner.
12.	Place of residence of coroner.
13.	Deputy coroners.
13A.	Arrangements for Coroner's district of Dublin.
13B.	Arrangements for coroners’ districts other than coroner’s district of Dublin.
14.	Qualification for appointment as coroner or deputy coroner.
14A.	Ineligibility for appointment to office of coroner or deputy coroner and disqualification from office.
15.	Removal from office of coroner and deputy coroner.
16.	First coroners under this Act.

PART IIA

Reporting of deaths

16A.	Reportable deaths.
16B.	Persons obliged to report death to coroner.

PART III

Inquests

17.	General duty to hold inquest.
18.	Optional power to hold inquest and duty to notify coroner.
18A.	Purpose of inquest.
18B.	Notice of inquest.
19.	Post-mortem examination in lieu of inquest. (Repealed)
20.	Provisions where coroner and deputy coroner are prevented from holding inquest.
21.	Inquest where several deaths arise from one occurrence.
22.	Inquest without exhuming body.
23.	Inquest where body destroyed or irrecoverable.
24.	Inquest on order of Attorney General.
25.	Adjournment of inquest where criminal proceedings are being considered or have been instituted.
26.	Summoning of witnesses.
27.	View of the body.
28.	Note of names, addresses of witnesses.
29.	Preservation of certain documents.
30.	Prohibition of consideration of civil and criminal liability.
31.	Prohibition of censure and exoneration.
32.	Record of verdict returned at an inquest.
33.	Post-mortem examinations.
33A.	Duty to direct post-mortem examination.
33B.	Provisions relating to post-mortem examinations directed by coroner.
33C.	Further post-mortem examination.
33D.	Medical records of deceased person for purposes of post-mortem examination.
33E.	Report of post-mortem examination.
33F.	Authorisation for final management of material removed from body of deceased person.
33G.	Provisions to apply when no authorisation received for final management of material removed from body of deceased person.
33H.	Provisions to apply when designated person not available or in position to receive or to act on authorisation for final management of material removed from body of deceased person.
33I.	Regulations in respect of management of material retained following coronial post-mortem examinations made in relevant facilities.
33J.	Register of relevant facilities.
33K.	Nominated person.
33L.	Authority to monitor compliance with relevant sections – authorised persons etc.
33M.	Compliance notices.
33N.	Appeal of compliance notice.
33O.	Prohibition orders.
34.	Holding of adjourned inquest by different coroner.
35.	Disqualification of certain coroners for holding certain inquests.
36.	Service of summons.
37.	Non-attendance of jurors and witnesses.
38.	Powers with respect to the taking of evidence, etc, at inquest.
38A.	Taking of evidence from person about to leave State.

PART IV

Juries at Inquests

39.	General power to sit with or without jury.
40.	Obligation on coroner to sit with jury in certain cases.
41.	Number of coroner's jury.
42.	Liability to serve on coroner's jury. (Repealed)
43.	Summoning of jury.
44.	Failure of jury to agree.
45.	Holding of adjourned inquest with different jury.

PART V

Miscellaneous

46.	Removal and custody of body pending inquest, etc.
47.	Exhumation.
48.	Removal of body outside the State.
49.	Inquest on treasure trove.
49A.	Entry to premises to inspect, copy, take extracts from or seize documents, etc.
50.	Furnishing of particulars to registrars of births and deaths. (Repealed)
51.	Extension of power of coroner to authorise burial. (Repealed)
52.	Provisions governing post-mortem examination caused to be made by coroner. (Repealed)
53.	Prohibition on certain coroners from acting in certain proceedings.
53A.	Expert advice and assistance for coroners in certain circumstances.
54.	Supply of forms to coroner.
55.	Returns to be made by coroner.
56.	Prescribing of forms of oaths, etc, in respect of inquests.
57.	Prescribing of certain fees and expenses.
58.	Certification and payment of certain sums.
59.	Amendment of Juries Act, 1927. (Repealed)
60.	Legal aid and legal advice for inquests.
61.	Offences by body corporate.
62.	Directions of High Court.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Deaths Reportable to Coroner

Acts Referred to
Local Authorities (Officers and Employees) Act, 1926	1926, No. 39
Public Offices (Fees) Act, 1879	1879, c. 58
Local Authorities (Officers and Employees) Act, 1926	1926, No. 39
Deaths Registration Act (Ireland), 1880	1880, c. 13
Juries Act, 1927	1927, No. 23
Health Act, 1947	1947, No. 28

Number 9 of 1962.

CORONERS ACT 1962

REVISED

Updated to 16 May 2024

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO CORONERS AND TO CORONERS' INQUESTS. [11th April, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Prospective affecting provision: application of Act restricted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 115(2), not commenced as of date of revision.

Duties of coroners in respect of reports of human remains which are also archaeological objects

115. (1) Where a report is made to a coroner concerning human remains, whether under the Coroners Act 1962 or otherwise, and it appears to the coroner that the remains are, or may be, an archaeological object, the coroner shall, as soon as is practicable, consult the Board.

(2) Where, after a consultation referred to in subsection (1) between a coroner and the Board, the Board is satisfied that the human remains concerned are an archaeological object—

(a) the remains shall be dealt with in accordance with the provisions of this Act and notwithstanding the provisions of the Coroners Act 1962, and

(b) the coroner shall not take any further action in respect of the remains.

Functions transferred and references construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 26 and sch. 1 part 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

...

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year (1)	Short Title (2)	Provision (3)
...	...	...
No. 9 of 1962	Coroners Act 1962	The whole Act
...	...	...

Power of coroner to authorise disposal of bodies in certain circumstances provided (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 44, S.I. No. 764 of 2005.

Power of coroner to authorise disposal of bodies.

44.—(1) A coroner may—

(a) when he or she has held an inquest on a body, but, subject to paragraph (b), in no other circumstances, if he or she thinks fit, by order authorise—

(i) a relative of the deceased person, or any other person, who proposes to cause the body to be disposed of, or

(ii) the undertaker, or any other person, who is in charge of the funeral of the deceased person, to dispose of the body before the registration of the death, and

(b) authorise the disposal of a body, whether it is lying for the time being in or outside his or her district, irrespective of whether he or she has decided that it is, or will become, necessary to hold an inquest on it.

(2) In subsection (1), “disposal”, in relation to a body, means disposal by burial, cremation or any other means and cognate words shall be construed accordingly.

Application of Act restricted (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 23(1), S.I. No. 400 of 1993.

Coroners.

23.—(1) The area comprised in the coroners district of the county, as existing immediately before the establishment day, shall on and from that day and notwithstanding any provision of this Act or of the Coroners Act, 1962, continue to constitute a coroners district.

...

Editorial Notes:

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (21.04.2018) by European Union (Personal Protective Equipment) Regulations 2018 (S.I. No. 136 of 2018), reg. 51(2)(d)(i), in effect as per reg. 1(2).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (26.05.2017) by European Union (Pressure Equipment) Regulations 2017 (S.I. No. 233 of 2017), reg. 54(c)(i).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (26.05.2017) by European Union (Lifts and Safety Components for Lifts) Regulations 2017 (S.I. No. 232 of 2017), reg. 53(c)(i), in effect as per reg. 1(2), (3).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (26.05.2017) by European Union (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 2017 (S.I. No. 230 of 2017), reg. 50(c)(i).

Provision for disclosure of confidential information for inquest under Act made (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 159(1)(2), S.I. No. 508 of 2015.

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (20.07.2011) by European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (S.I. No. 349 of 2011), reg. 22(2)(c)(i).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (20.07.2011) by European Communities (Safety of Toys) Regulations 2011 (S.I. No. 14 of 2011), reg. 47(c)(i), in effect as per reg. 2(1).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (29.12.2009) by European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008), reg. 42(c)(i), in effect as per reg. 2(1).

Provision for disclosure of confidential information for report under collectively cited Coroners Acts made (15.07.2008) by Chemicals Act 2008 (13/2008), s. 28(2)(c)(i), S.I. No. 273 of 2008.

E10

Arrangements for inquest in the event of a railway incident and role of coroner provided (18.12.2005) by Railway Safety Act 2005 (31/2005), s. 67, commenced on enactment.

E11

Provision for disclosure of confidential information for report under Act (1.09.2005) made by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 73(2)(c), S.I. No. 328 of 2005.

E12

Previous affecting provision: application of Act restricted (21.12.2000) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), reg. 26(1), commenced on enactment; revoked (15.02.2006) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006), reg. 7(1).

E13

Previous affecting provision: application of Act restricted (1.09.1986) by European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (S.I. No. 292 of 1986), reg. 25(1), in effect as per reg. 2; revoked (21.12.2000) by European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000), reg. 7(1)(a).

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Coroners Act 1962