Coroners Act 1962
Obligation on coroner to sit with jury in certain cases.
40.—(1) An inquest shall be held with a jury if, either before or during the inquest, the coroner becomes of opinion—
(a) that the deceased came by his death by murder, infanticide or manslaughter, or
(b) that the death of the deceased occurred in a place or in circumstances which, under provisions in that behalf contained in any other enactment, require that an inquest should be held, or
(c) that the death of the deceased was caused by accident, poisoning or disease of which, under provisions in that behalf contained in any other enactment, notice is required to be given to a Minister or Department of State or to an inspector or other officer of a Minister or Department of State, or
(d) F99[…]
(e) that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public.
(2) The jury at an inquest shall be sworn by or before the coroner.
(3) Where a coroner, before commencing or resuming an inquest in relation to any death, F100[is informed by 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 that he or she will, under subsection (1) or (2) of section 25, request an adjournment of the inquest] on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, every (if any) obligation under subsection (1) of this section to hold the inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.
Annotations
Amendments:
F99
Deleted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 26(a), S.I. No. 448 of 2019.
F100
Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 26(b), S.I. No. 448 of 2019.
F101
Substituted by by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(i), not commenced as of date of revision.
Modifications (not altering text):
C39
Prospective affecting provision: subs. (3) amended by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(i), not commenced as of date of revision.
(3) Where a coroner, before commencing or resuming an inquest in relation to any death, F100[is informed by 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 F101[senior designated officer of the Police Ombudsman] that he or she will, under subsection (1) or (2) of section 25, request an adjournment of the inquest] on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, every (if any) obligation under subsection (1) of this section to hold the inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.
C40
Application of section restricted (22.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 50(2)-(3), S.I. No. 370 of 2022.
Application of Act of 1962 and Act of 1976
50. (1) Subject to subsections (2) and (3), this Part is without prejudice to the application of the Act of 1962 to a Stardust inquest.
(2) In the case of a Stardust inquest, the reference to “in accordance with the provisions of this Act” in section 24 of the Act of 1962 shall be read as a reference to “in accordance with the provisions of this Act and Part 8 of the Civil Law (Miscellaneous Provisions) Act 2022”.
(3) The following provisions of the Act of 1962 shall not apply in respect of a Stardust inquest:
(a) section 36, insofar as that section relates to jurors;
(b) section 37(1);
(c) section 39;
(d) section 40;
(e) section 43;
(f) section 44;
(g) subsections (1) (b) and (2) of section 56, insofar as they relate to jurors;
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