Jersey Law 9/1995
INQUESTS AND
POST-MORTEM EXAMINATIONS (JERSEY) LAW 1995
____________
Arrangement of
Articles
____________
|
PART I
|
|
Preliminary
|
|
1.
|
Interpretation.
|
|
PART II
|
|
Functions and
powers of Viscount
|
|
2.
|
Duty to
notify death.
|
|
3.
|
Inquiries
by Viscount.
|
|
4.
|
Power to
hold inquest.
|
|
5.
|
Duty to
hold inquest.
|
|
6.
|
Burial
or cremation of body.
|
|
PART III
|
|
Inquests
|
|
7.
|
Jury.
|
|
8.
|
Inquest
without a jury.
|
|
9.
|
Summoning
of witnesses.
|
|
10.
|
View of
body.
|
|
11.
|
Proceedings
at inquest.
|
|
12.
|
Protection
of witnesses and counsel.
|
|
13.
|
Adjournment
of inquest.
|
|
14.
|
Finding
of inquest.
|
|
15.
|
Order to
hold inquest.
|
|
16.
|
Court
may order fresh inquest to be held.
|
|
PART IV
|
|
Post-mortem and
special examinations
|
|
17.
|
Post-mortem
examination.
|
|
18.
|
Post-mortem
examination without inquest.
|
|
19.
|
Viscount
may require medical report.
|
|
20.
|
Viscount
may order analysis.
|
|
PART V
|
|
Supplemental
|
|
21.
|
Connétable
to be notified of inquest.
|
|
22.
|
Attendance
of jury and witnesses.
|
|
23.
|
Unlawful
publication of proceedings.
|
|
24.
|
Expenses.
|
|
25.
|
Power to
make Rules.
|
|
26.
|
Consequential
amendment.
|
|
27.
|
Repeals.
|
|
28.
|
Short
title and commencement.
|
|
First
Schedule – Form of oath.
|
|
Second
Schedule – Consequential amendment.
|
|
Third
Schedule – Repeals.
|
INQUESTS AND
POST-MORTEM EXAMINATIONS (JERSEY) LAW 1995
____________
A LAW to
make new provision for the holding of inquests and post-mortem examinations,
and for connected purposes, sanctioned by Order of Her Majesty in Council of
the
8th day of FEBRUARY
1995
____________
(Registered on the
21st day of April 1995)
____________
STATES OF JERSEY
____________
The 26th day of July 1994
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
PART I
PRELIMINARY
ARTICLE 1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the
Court” means the Royal Court;
“registered
medical practitioner” means a medical practitioner registered under the
Medical Practitioners (Registration) (Jersey) Law 1960 and, for the purpose of the
performance of a post-mortem examination pursuant to Article 17 or 18, includes
a person who is qualified to be registered under that Law;
“police
officer” means a member of the Honorary Police or a member of the States
of Jersey Police Force.
(2) A
reference in this Law to an Article or Schedule by number only, and without
further identification, is a reference to the Article or Schedule of that
number in this Law.
(3) A
reference in an Article of this Law to a paragraph or sub-paragraph by number
or letter only, and without further identification, is a reference to the
paragraph or sub-paragraph of that number or letter contained in the Article in
which that reference occurs.
(4) Unless
the context otherwise requires, where this Law refers to an enactment, the
reference is to that enactment as amended from time to time, and includes a
reference to that enactment as extended or applied by or under another
enactment including any other provision of that enactment.
PART II
FUNCTIONS
AND POWERS OF VISCOUNT
ARTICLE 2
Duty to notify
death
(1) Subject
to paragraphs (3) and (4), any person who has reason to believe that a deceased
person died –
(a) as a result of violence
or misadventure;
(b) as a result of
negligence or misconduct or malpractice on the part of others;
(c) from any cause other
than natural illness or disease for which he had been seen and treated by a
registered medical practitioner; or
(d) under such
circumstances as may require investigation, shall immediately notify a police
officer of the facts and circumstances relating to the death, and the police
officer shall, as soon as reasonably practicable thereafter, notify the
Viscount of such facts and circumstances.
(2) Where
–
(a) the police officer to
whom notice is given under paragraph (1) is not a member of the Honorary
Police; and
(b) the body of the
deceased person is in the Island,
that police
officer shall forthwith communicate the facts and circumstances relating to the
death to a Centenier of the Parish in which the body is lying.
(3) Where
a person dies while –
(a) in the custody of the
police; or
(b) in prison or other
legal place of detention,
the police
officer having custody of that person, or the person in charge of the prison or
other legal place of detention, shall immediately give notice of the death to
the Viscount.
(4) Where
a person dies while –
(a) a patient in a hospital
within the meaning of the Mental Health (Jersey) Law 1969;
(b) a patient in a mental
nursing home within the meaning of the Nursing and Residential Homes (Jersey)
Law 1994; or
(c) accommodated in a
children’s home or voluntary home within the meaning of the Children
(Jersey) Law 1969, the person in charge of the
hospital or home shall immediately notify a police officer of the facts and
circumstances relating to the death, and the police officer shall, as soon as
reasonably practicable thereafter, notify the Viscount of such facts and
circumstances.
(5) Any
person who fails to comply with paragraph (3) or (4) shall be guilty of an
offence and be liable to a fine not exceeding level 3 on the standard scale.
(6) Where
there is any reason to believe that a deceased person died in any of the
circumstances mentioned in paragraph (1), (3) or (4) –
(a) the body of the
deceased person shall not be cremated or buried;
(b) no chemical shall be
applied to it externally or internally; and
(c) no alteration of any
kind shall be made to it,
until the
Viscount so authorizes.
(7) Any
person who contravenes paragraph (6) shall be guilty of an offence and be
liable to a fine not exceeding level 3 on the standard scale5.
ARTICLE 3
Inquiries by
Viscount
(1) Where
–
(a) a dead body has been
found in a public place; or
(b) there is reason to
believe that a deceased person died in any of the circumstances mentioned in
paragraph (1), (3) or (4) of Article 2,
the body shall
come under the jurisdiction of the Viscount who shall issue such instructions
and make such investigation as may be required to enable him to determine
whether or not an inquest should be held.
(2) For
the purposes of exercising his powers under paragraph (1), the Viscount may,
without the consent of any other authority, direct the exhumation of the body.
ARTICLE 4
Power to hold
inquest
(1) The
Viscount may hold an inquest –
(a) where a dead body has
been found in a public place; or
(b) where –
(i) the body of the
deceased has been removed into the Island, or
(ii) the Viscount has reason
to believe that the death occurred in the Island but the body of the deceased
has been destroyed or cannot for any reason be found or recovered,
and the Viscount
has reason to believe that the deceased died in any of the circumstances
mentioned in sub-paragraph (a) or (b) of paragraph (1), or paragraph (3), of
Article 2; or
(c) where the Viscount has
any reason to believe that the deceased died suddenly and unexpectedly or in
suspicious circumstances.
(2) An
inquest may be held pursuant to this Article notwithstanding that the body of
the deceased has been buried and not exhumed.
ARTICLE 5
Duty to hold inquest
The Viscount
shall hold an inquest –
(a) where the body of the
deceased is in the Island and the Viscount has reason to believe that the
deceased died in the Island in any of the circumstances mentioned in
sub-paragraph (a) or (b) of paragraph (1), or paragraph (3), of Article 2;
(b) where the Viscount has
reason to believe that the deceased died in any of the circumstances mentioned
in paragraph (4) of Article 2 unless –
(i) there is produced
to the Viscount a certificate of a registered medical practitioner stating that
he personally attended the deceased during his last illness and certifying the
cause of death, or
(ii) the Viscount is
satisfied that there is no ground for holding an inquest.
ARTICLE 6
Burial or
cremation of body
Where a body has come
under the jurisdiction of the Viscount he may, in writing –
(a) at any time, release
the body for burial;
(b) at any time after an
inquest has been opened, release the body for cremation.
PART III
INQUESTS
ARTICLE 7
Jury
(1) For
the purposes of an inquest, the Viscount may, if he considers it to be in the
public interest, summon 12 persons selected by him to act as a jury.
(2) No
person shall be selected to serve on a jury unless he is capable of serving as
a juror under the provisions of Article 8 of the “Loi (1864)
réglant la Procédure Criminelle”.
(3) If
it appears to the Viscount whether before he proceeds to hold an inquest
without a jury, or in the course of an inquest begun without a jury that there
is any reason for summoning a jury, he may proceed to summon a jury in
accordance with this Article.
(4) Members
of the jury shall take oath before the Viscount in the form set out in the
First Schedule.
(5) If
during the course of an inquest a juror dies or is discharged by the Viscount
for any reason, the Viscount may proceed with the remaining jurors and take
their finding which shall have the same effect as the finding of the whole
number, so long as the number of jurors is not reduced below ten.
ARTICLE 8
Inquest without a
jury
(1) The
provisions of this Law relating to the procedure in connexion with an inquest
shall, as respects an inquest, or any part thereof, which is held without a
jury, have effect subject to such modifications as are rendered necessary by
the absence of a jury and, where the whole of an inquest is held without a
jury, the finding of the inquest shall be under the hand of the Viscount alone.
(2) Where
an inquest, or any part thereof, is held without a jury anything done at the
inquest, or at that part of the inquest, by or before the Viscount alone shall
be as validly done as if it had been done by or before the Viscount and a jury.
ARTICLE 9
Summoning of
witnesses
(1) Where
the Viscount intends to hold an inquest, he may issue a summons to any person
whom he thinks necessary to attend the inquest at the time and place specified
in the summons for the purpose of giving evidence concerning the death.
(2) This
Article does not prevent a person who has not been summoned from giving
evidence at the inquest.
ARTICLE 10
View of body
(1) Where
any body comes under the jurisdiction of the Viscount he may view the body but
shall not be obliged to do so.
(2) The
validity of an inquest shall not be questioned in any court on the ground that
the Viscount did not view the body.
ARTICLE 11
Proceedings at
inquest
(1) The
Viscount may at the inquest examine on oath all persons having knowledge of the
facts whom he thinks it expedient to examine.
(2) At
any inquest, any person who in the opinion of the Viscount has a sufficient
interest in the subject or the result of the inquest may attend personally or
be represented by an advocate or solicitor and may question witnesses.
(3) The
Attorney General shall be entitled to attend or to be represented at any
inquest and to examine, or cause to be examined, any witness.
(4) Subject
to the provisions of this Article, an inquest shall be held in public.
(5) If
the Viscount considers it desirable in the interests of justice or good order,
he may exclude any person from the whole or any part of the proceedings at the
inquest, or may prohibit or restrict the publication of any part of the
evidence given at the inquest.
(6) The
Viscount may direct that any witness not yet heard at an inquest shall go and
remain outside the place of hearing until required to give evidence.
(7) At
any inquest the Viscount may admit any evidence that he thinks fit whether or
not the same is otherwise admissible in a court of law.
ARTICLE 12
Protection of
witnesses and counsel
Every witness
attending and giving evidence at an inquest held under this Law and every
advocate and solicitor (including the Attorney General or his representative)
and every interested person appearing before the Viscount shall have the same
privileges and immunities as they would have in a court of law.
ARTICLE 13
Adjournment of
inquest
(1) Subject
to the provisions of this Article, the Viscount may adjourn an inquest from day
to day or for such time as he sees fit.
(2) If
at an inquest the Viscount is informed that some person has been, or may be,
charged with causing the death in respect of which the inquest is being held,
the Viscount shall, subject to paragraph (3), adjourn the inquest until after
the conclusion of any criminal proceedings and, if a jury has been summoned, he
may, if he thinks fit, discharge them.
(3) The
Viscount –
(a) need not adjourn the
inquest pursuant to paragraph (2) if, before he has done so, the Attorney
General notifies him that such adjournment is unnecessary;
(b) may in any case resume
the adjourned inquest before the conclusion of any criminal proceedings if
notified by the Attorney General that it is open to him to do so.
(4) Where
the Viscount resumes an inquest which has been adjourned pursuant to paragraph
(2) and for that purpose summons a jury (but not where he resumes without a
jury, or with the same jury as before the adjournment) he shall proceed in all
respects as if the inquest had not previously been begun and, subject to
paragraph (5), the provisions of this Law shall apply as if the resumed inquest
were a fresh inquest.
(5) Where
the Viscount resumes an inquest which has been adjourned pursuant to paragraph
(2), the finding of the inquest must not be inconsistent with the outcome of
any criminal proceedings.
ARTICLE 14
Finding of
inquest
(1) After
hearing the evidence the jury shall give its finding in writing which shall
state –
(a) who the deceased was;
and
(b) how, when and where he
came by his death,
so far as such
particulars have been proved to them.
(2) The
jury shall also enquire of and find the particulars required by the “Loi
(1842) sur l’Etat Civil” to be registered concerning
the death.
(3) The
jury shall not make any finding of legal responsibility on any matter referred
to in paragraph (1).
(4) If
the jury fail to agree on a finding the Viscount may accept a majority finding
where not more than two members of the jury disagree.
(5) In
any other case of disagreement, the Viscount shall discharge the jury and
summon another and the inquest shall then proceed as if the first inquest had
not taken place.
(6) The
finding shall be transmitted by the Viscount to the Court for registration.
ARTICLE 15
Order to hold
inquest
(1) Where
in respect of any death the Court is satisfied, on the application of any
person appearing to it to have sufficient interest in the matter, that the
Viscount refuses or neglects to hold an inquest which ought to be held, the
Court may order the Viscount to hold an inquest into the death.
(2) Unless
the order of the Court otherwise provides, any such inquest shall be held in
the same manner as any other inquest.
ARTICLE 16
Court may order
fresh inquest to be held
(1) Where
an inquest has been held and it is shown to the satisfaction of the Court, on
an application made by, or on behalf of, the Attorney General that, by reason
of fraud, irregularity of proceedings, the discovery of new facts or evidence,
or otherwise, it is necessary or desirable in the interests of justice that
another inquest should be held, the Court may quash the finding of the former
inquest and order that another inquest should be held.
(2) On
any such inquest, unless the Court otherwise directs, all evidence taken on the
former inquest in respect of the death shall be deemed to have been taken on
the new inquest.
(3) Except
as otherwise provided by this Article, or by the order of the Court, any such
inquest shall be held in the same manner as any other inquest.
PART IV
POST-MORTEM
AND SPECIAL EXAMINATIONS
ARTICLE 17
Post-mortem examination
(1) The
Viscount may at any time before the termination of an inquest authorize a
registered medical practitioner to perform a post-mortem examination of the
body of the deceased person.
(2) Any
registered medical practitioner who has attended the deceased person
immediately prior to his death shall be entitled to be present at the
post-mortem examination and the Viscount may, if he thinks it necessary, have
notice served on any such registered medical practitioner requiring him to
attend the post-mortem examination or to submit a report for the assistance of
the person holding the post-mortem examination.
(3) On
application being made to him, the Viscount may permit any other person to be
represented by a registered medical practitioner as an observer at any such
post-mortem examination.
ARTICLE 18
Post-mortem
examination without inquest
(1) Where
the Viscount is informed that there is reasonable cause to suspect that a
person has died of an unknown cause, if he is of opinion that a post-mortem
examination may prove an inquest to be unnecessary, he may authorize any
registered medical practitioner to make a post-mortem examination of the body
of the deceased and to report the result thereof to him in writing.
(2) If,
following a post-mortem examination pursuant to paragraph (1), the Viscount
decides that an inquest is unnecessary he shall authorize the registered
medical practitioner who performed the examination to deliver to the Registrar
of the Parish in which the death took place a certificate stating the cause of
death as disclosed by the examination, and the Registrar shall make an entry in
the Register of Deaths accordingly.
(3) Where
a certificate has been delivered in accordance with the provisions of paragraph
(2), the delivery to the Registrar of a medical certificate of the cause of
death under paragraph 5=248= of Article 19 of the “Loi (1842) sur
l’Etat Civil” shall not be required.
(4) In
this Article, “Registrar” means a Registrar of births, marriages
and deaths appointed in pursuance of the “Loi (1842) sur l’Etat
Civil”.
(5) Nothing
in this Article shall be construed as authorizing the Viscount to dispense with
an inquest in any case to which Article 5 applies.
ARTICLE 19
Viscount may
require medical report
Whether or not an
inquest is to be held, the Viscount may require any registered medical
practitioner who has recently attended the person into whose death the Viscount
is inquiring to supply him with a medical report relating to the deceased
person.
ARTICLE 20
Viscount may
order analysis
Where the
Viscount considers an analysis of any thing necessary for the purposes of his
duties under this Law, he may direct that such analysis be made, and the person
who makes or supervises such analysis shall submit a report of the analysis to
the Viscount.
PART V
SUPPLEMENTAL
ARTICLE 21
Connétable
to be notified of inquest
(1) Where
the Viscount –
(a) intends to hold an
inquest; and
(b) has reason to believe
that, immediately before his death, the deceased person was resident in the
Island,
he shall notify
the Connétable of the Parish in which he believes the deceased person to
have been resident of the time and place of the inquest.
(2) Subject
to paragraph (5) of Article 11, a Connétable who has received
notification from the Viscount under paragraph (1) shall be entitled to attend
the inquest or to be represented thereat by a Centenier of the Parish.
ARTICLE 22
Attendance of
jury and witnesses
Every person
summoned as a member of a jury or as a witness who fails without good and
sufficient cause to obey any such summons, or who refuses without lawful excuse
to answer any question put to him at the inquest, shall be guilty of an offence
and be liable to a fine not exceeding level 2 on the standard scale.
ARTICLE 23
Unlawful
publication of proceedings
Every person who
publishes any proceedings of an inquest in contravention of a prohibition or
restriction under paragraph (5) of Article 11 shall be guilty of an offence and
be liable to a fine.
ARTICLE 24
Expenses
All expenses
incurred by the Viscount in connexion with the holding of inquests, and in the
discharge of his other functions under this Law, shall be paid out of the
annual income of the States.
ARTICLE 25
Power to make
Rules
(1) The
power to make Rules of Court under the Royal Court (Jersey) Law 1948 shall include a power to make
Rules relating to the procedure and practice to be followed by the Viscount
under this Law and to give effect to this Law.
(2) Without
prejudice to the generality of paragraph (1), Rules may be made as to –
(a) the records to be kept
by the Viscount;
(b) the practice and procedure
at or in connexion with inquests and post-mortem examinations;
(c) the fees to be paid to
a registered medical practitioner supplying a report or performing a
post-mortem examination;
(d) the fees and costs, if
any, to be paid to members of the jury or witnesses at an inquest.
ARTICLE 26
Consequential
amendment
Article 6 of the Cremation (Jersey) Law 1953 shall be amended to
the extent set out in the
Second Schedule.
ARTICLE 27
Repeals
The enactments
set out in the Third Schedule are repealed.
ARTICLE 28
Short title and
commencement
This Law may be
cited as the Inquests and Post-mortem Examinations (Jersey) Law 1995, and shall
come into force on such day as the States may by Act appoint.
G.H.C. COPPOCK
Greffier of the
States.
FIRST SCHEDULE
(Article 7(4))
Form of oath to
be taken by members of jury
You swear and
promise before God that you will well and faithfully report your finding,
according to the evidence presented, as to how, when and where you
conscientiously believe that came by his/her death and the particulars required
by the “Loi (1842) sur l’Etat Civil” to be registered
concerning the death, which you will do without favour, hatred or partiality as
you will answer to Almighty God at your peril.
SECOND SCHEDULE
(Article 26)
Amendment of
Cremation (Jersey) Law 1953
For paragraph (1)
of Article 6 of the Cremation (Jersey) Law 1953 there shall be substituted the
following paragraph –
“(1) Nothing
in this Law shall be construed as derogating in any way from the jurisdiction
of the Royal Court or the Viscount under the Inquests and Post-mortem
Examinations (Jersey) Law 1995.”.
THIRD SCHEDULE
(Article 27)
Enactments repealed
Loi (1880) sur les levées des corps.
Inquests and
Post-mortem Examinations (Jersey) Law 1951.
Inquests and Post-mortem
Examinations (Amendment) (Jersey) Law 1952.
Loi (1965) (Amendement) sur les levées des corps.
Loi (1983) (Amendement) sur les levées des corps.