Inquests and
Post-Mortem Examinations Rules 1995
Rule 1
Where
the Viscount requests that a post-mortem examination shall be made, it shall be
made as soon after the death of the deceased as is reasonably practicable.
Rule 2
In considering which
medical practitioner shall be authorized to perform a post-mortem examination
of the body of a deceased person the Viscount shall have regard to the
following considerations –
(i) the
post-mortem examination shall be made, whenever practicable, by a pathologist
with suitable qualifications and experience;
(ii) if
the Viscount is informed by the Attorney General that a person has been charged
or may be charged with the murder or manslaughter of the deceased, the Viscount
shall consult the Attorney General regarding the selection of the medical
practitioner who is to make the post-mortem examination;
(iii) if
the deceased died in a hospital the Viscount shall not request a pathologist on
the staff of, or associated with, that hospital to make a post-mortem
examination if –
(a) that
pathologist does not desire to make the examination,
(b) the
conduct of any member of the Hospital staff is, in the opinion of the Viscount,
likely to be called seriously into question, or
(c) any
relative of the deceased asks the Viscount, on any ground which the Viscount
thinks substantial, that the examination be not made by such pathologist,
unless the obtaining of another
pathologist with suitable qualifications and experience would cause the
examination to be delayed unduly.
Rule 3
Where a person lodges
with the Viscount an affidavit that, in his or her belief, the death of the
deceased was caused partly or entirely by the improper or negligent treatment
of a medical practitioner, that medical practitioner shall not be allowed to
perform, or assist at, any post-mortem examination for the purposes of the
inquest on the deceased, but such medical practitioner shall have the right, if
he or she so desires, to be present, or to be represented, at the examination.
Rule 4
The medical practitioner
making a post-mortem examination shall report his or her findings in writing to
the Viscount.
Rule 5
If any medical practitioner
who has made such a post-mortem examination as aforesaid is summoned as a
witness at the inquest, he or she may be asked to give evidence as to his or
her opinion on any matter arising out of the examination and as to how, in his
or her opinion, the deceased came by his or her death.
Rule 6
An inquest shall not be
held on Christmas Day or Good Friday and shall not, unless the Viscount thinks
it requisite on grounds of urgency, be held on any other day appointed under Article 2
of the Public Holidays
and Bank Holidays (Jersey) Law 1951, to be observed as a Public
Holiday or on a Sunday.
Rule 7
The Viscount shall, so
far as is reasonably practicable, notify the date, hour and place of any
inquest or any resumption thereof to –
(i) the
spouse or civil partner or a near relative or personal representative of the
deceased whose name and address are known to the Viscount; and
(ii) any
other person who, in the opinion of the Viscount, has a proper interest and has
asked the Viscount to notify him or her of the particulars of the inquest.[1]
Rule 8
If it appears to the
Viscount, either before or during an inquest, that the conduct of any person
has been or is likely to be called into question on grounds which the Viscount
considers to be substantial and relevant to the purpose of the inquest the
Viscount shall take such steps as are reasonably practicable to ensure that
such person is given the opportunity of being present, if he or she so desires,
and the Viscount may adjourn the inquest for that purpose.
Rule 9
Where an inquest has been
adjourned for any reason the Viscount shall, on application, supply to any person
who, in the opinion of the Viscount, is a properly interested person, an
interim certificate of the fact of death.
Rule 10
Subject to the provisions
of Article 13(2) of the Inquests and Post-Mortem Examinations
(Jersey) Law 1995 (hereafter referred to as the “principal Law”)
an inquest shall not be adjourned solely by reason of the institution of
criminal proceedings arising out of the death of the deceased.
Rule 11
No person shall be
permitted to address the Viscount or the jury as to the facts at an inquest.
Rule 12
The proceedings and
evidence at an inquest shall be directed solely to ascertaining the matters set
out in Article 14(1) and (2) of the principal Law and neither the Viscount
nor the jury shall express any opinion on any other matters save that if the
Viscount or the jury, as the case may be, believes that action should be taken
to prevent recurrence of fatalities similar to that in respect of which the
inquest is being held the Viscount may announce at the inquest that he or she
is reporting the matter in writing to the person or authority who may have the
power to take such action and he or she may report the matter accordingly.
Rule 13
All exhibits produced in
evidence at an inquest shall be appropriately marked by the Viscount.
Rule 14
The Viscount shall take
notes of evidence at every inquest and for the purpose of this Rule an
electronic recording of proceedings shall be sufficient. The Viscount may cause
an electronic recording of proceedings to be deleted at any time after 3 years
from the date of the Inquest.[2]
Rule 15
Every exhibit at an
inquest shall, unless the Royal Court otherwise directs, be retained by the
Viscount until the Viscount is satisfied that the exhibit is not likely to be,
or will no longer be, required for the purpose of any other legal proceedings,
and may then, if a request for its delivery has been made by a person appearing
to the Viscount to be entitled to the possession thereof, be delivered to that person,
or, if no such request has been made, be destroyed or otherwise disposed of as
the Viscount thinks fit.
Rule 16
Any document (other than
an exhibit at an inquest) in the possession of the Viscount in connection with
an inquest or post-mortem examination, shall, unless the Royal Court otherwise
directs, be retained by the Viscount for at least 10 years, provided that the
Viscount may deliver any such document to any person who in the opinion of the
Viscount is a proper person to have possession of it.
Rule 17
The Viscount shall keep
an indexed register of all deaths notified to the Viscount which shall contain
the particulars specified in Schedule 1.
Rule 18
The fees and costs to be
paid by the Viscount in respect of post-mortems and inquests shall be those set
out in Schedule 2.
Rule 19
These Rules may be cited
as the Inquests and Post-Mortem Examinations Rules 1995.