Coroners Act 1962

33E.

F61[Report of post-mortem examination

33E. (1) Where a post-mortem examination of the body of a deceased person is directed by a coroner under section 33, 33A or 33C, the registered medical practitioner to whom the direction was given shall, as soon as practicable, furnish a report in writing of the examination to the coroner.

(2) A report of a post-mortem examination under subsection (1) shall contain a record of any material, whether tissue, organs, biological fluids or other part of the body of the deceased person concerned, retained for further examination or for the purposes of an inquest in relation to the death of the person.

(3) In a case where a request for a post-mortem examination is received by a coroner under section 33A(2), the coroner to whom a report of the post-mortem examination is furnished under subsection (1) shall, in accordance with the request, provide a copy of the report to, as may be appropriate

(a) a member of the Garda Síochána not below the rank of inspector,

(b) a member of the Defence Forces not below the rank of commandant,

(c) a duly authorised officer of a statutory body who is empowered under another enactment to investigate accidents, incidents or diseases resulting in death, or

(d) a designated officer of the Ombudsman Commission,

and the copy of the report shall be so provided not later than the commencement of an inquest in relation to the death of the person concerned or, if an inquest is not held, as soon as practicable after the coroner receives the report.

(4) Subject to subsection (5), a coroner to whom a report of a post-mortem examination is furnished under subsection (1) shall, if so requested by a family member of the deceased person concerned, provide a copy of the report to that family member.

(5) The coroner shall not provide a copy of the report of a post-mortem examination furnished to him or her under subsection (1) to a family member of the deceased person if the coroner thinks that it is not proper to do so as it may prejudice criminal proceedings in relation to the death of the deceased person that are being considered or have been instituted.

(6) Nothing in this section shall prevent a registered medical practitioner directed by a coroner under section 33, 33A or 33C to make the post-mortem examination of the body of a deceased person from furnishing a preliminary report of the examination to the coroner before the report referred to in subsection (1) is furnished to him or her.]

Annotations

Amendments:

F61

Inserted (16.01.2020) by Coroners (Amendment) Act 2019 (29/2019), s. 21, S.I. No. 12 of 2020.