Coroners Act 1962
Adjournment of inquest where criminal proceedings are being considered or have been instituted.
25.—F60[(1) Where, at an inquest in relation to a death—
(a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (c) 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, or
(c) a designated officer of the Ombudsman Commission in a case where there is a relevant Ombudsman Commission investigation,
requests the coroner to adjourn the inquest on the ground that criminal proceedings in relation to the death are being considered, the coroner—
(i) shall adjourn the inquest for such period as he or she thinks proper, and
(ii) shall further adjourn the inquest for similar periods so often as a member of the Garda Síochána not below the rank of inspector, a member of the Defence Forces not below the rank of commandant or a designated officer of the Ombudsman Commission, as the case may be, so requests the coroner on the ground aforesaid so to do.]
(2) F61[Where, at an inquest in relation to a death—
(a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (c) 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, or
(c) a designated officer of the Ombudsman Commission in a case where there is a relevant Ombudsman Commission investigation,
requests the coroner to adjourn the inquest] on the ground that criminal proceedings in relation to the death have been instituted, the coroner shall adjourn the inquest until such proceedings have been finally determined, but it shall not then be obligatory on the coroner to resume the inquest unless he thinks there are special reasons for so doing.
(3) It shall be the duty of the clerk or registrar of any court, at the conclusion of criminal proceedings in that court in relation to the death of a person, to inform the coroner holding an inquest in relation to the death of the result of such proceedings.
(4) When adjourning under this section an inquest a coroner may discharge the jury (if any) summoned therefor.
(5) Where a coroner resumes an inquest which was adjourned under this section and the jury for which has been discharged, he shall proceed in all respects as if the inquest had not been begun.
Annotations
Amendments:
F60
Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 16(a), S.I. No. 448 of 2019.
F61
Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 16(b), S.I. No. 448 of 2019.
F62
Substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(c)(i)(I), (II), (ii), not commenced as of date of revision.
Modifications (not altering text):
C15
Prospective affecting provision: subss. (1)(c), (2)(c) substituted and (1)(ii) amended by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(c)(i)(I), (II), (ii), not commenced as of date of revision.
25.—F60[(1) Where, at an inquest in relation to a death—
(a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (c) 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, or
F62[(c) a senior designated officer of the Police Ombudsman in a case where there is a relevant Police Ombudsman investigation,]
requests the coroner to adjourn the inquest on the ground that criminal proceedings in relation to the death are being considered, the coroner—
(i) shall adjourn the inquest for such period as he or she thinks proper, and
(ii) shall further adjourn the inquest for similar periods so often as a member of the Garda Síochána not below the rank of inspector, a member of the Defence Forces not below the rank of commandant or a F62[senior designated officer of the Police Ombudsman], as the case may be, so requests the coroner on the ground aforesaid so to do.]
(2) F61[Where, at an inquest in relation to a death—
(a) a member of the Garda Síochána not below the rank of inspector in any case other than a case to which paragraph (c) 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, or
F62[(c) a senior designated officer of the Police Ombudsman in a case where there is a relevant Police Ombudsman investigation,]
requests the coroner to adjourn the inquest] on the ground that criminal proceedings in relation to the death have been instituted, the coroner shall adjourn the inquest until such proceedings have been finally determined, but it shall not then be obligatory on the coroner to resume the inquest unless he thinks there are special reasons for so doing.