Powers and Proceedings of the Coroner’s Court

Powers and Proceedings of the Coroner’s Court

What powers does the Coroner’s Court have?

The Coroner may:

• order an autopsy;
• order a body to be dug up (exhumed), buried, or cremated;
• investigate deaths;
• hold an inquest;
• order the police to search premises and seize relevant items;
• summon witnesses to give evidence or produce documents at an inquest;
• issue death certificates; and
• make recommendations to prevent similar deaths in the future at an inquest.

The Coroner cannot decide who is criminally guilty (such as of murder) or order anyone to pay compensation. Those decisions belong to the ordinary civil or criminal courts.

What happens at an inquest?

An inquest follows clear procedures. The Coroner formally opens the inquest in open court. The Coroner then calls witnesses one by one who are examined by, for example, the family members’ lawyers. After hearing all the evidence, the Coroner summarises the facts and, if the inquest has a jury, explains the law to and directs the jury. Finally, the Coroner or the jury deliver ‘findings’, answering the questions of the identity of the deceased, how, when and where the deceased died, and the cause of and circumstances connected with the death. Common findings include natural cause, accident, misadventure, suicide, lawful killing, unlawful killing, or an open verdict.