Coroners Act 1962

Exhumation.

47

47.(1) Where a coroner is informed by a member of the Garda Síochána not below the rank of inspector that, in his opinion, the death of any person whose body has been buried in the coroner's district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of the body by the Garda Síochána.

F106[(1A) Where there is a relevant Ombudsman Commission investigation and a coroner is informed by a designated officer of the Ombudsman Commission that, in his or her opinion, the death of the person concerned whose body has been buried in the coroners district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of the body by the Ombudsman Commission.]

(2) On being requested under this section to authorise by order the exhumation of any body, the Minister may, as he thinks proper, either make or refuse to make the order.

(3) Every order made under this section for the exhumation of a body shall operate to authorise the exhumation in accordance with the terms of the order.

(4) Where the body of a deceased person is exhumed in pursuance of an order made under this section, the coroner concerned shall have the like powers and duties as if the body had not been buried.

Annotations

Amendments:

F106

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

F107

Substituted by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(k)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C45

Prospective affecting provision: subs. (1A) amended by Policing, Security and Community Safety Act 2024 (1/2024), s. 266(k)(i), (ii), not commenced as of date of revision.

F106[(1A) Where there is F107[a relevant Police Ombudsman investigation and a coroner is informed by a senior designated officer of the Police Ombudsman] that, in his or her opinion, the death of the person concerned whose body has been buried in the coroners district may have occurred in a violent or unnatural manner, the coroner may request the Minister to order the exhumation of the F107[body by the Police Ombudsman].]