Coroners Act 1938

Powers and duties of coroners

4 (1) A Coroner shall have the powers and shall discharge the duties conferred or imposed upon a Coroner by or under this or any other Act; and subject to section 5 may exercise such powers and dis charge such duties in any place in Bermuda.

(2) A Coroner by virtue of his office shall be a Justice of the Peace.

(3) The Senior Coroner shall have such additional powers and shall discharge such additional duties as are conferred or imposed upon the Senior Coroner by or under this or any other Act.

Allocation of duties by Senior Coroner

5 (1) Subject to any directions which may be given by the Chief Justice the Senior Coroner shall allot the duties of the several Coroners in such manner as he may think expedient; and without prejudice to the generality of the foregoing provisions of this section the Senior Coroner may from time to time specify as between one and the other the matters to be dealt with for the time being by himself and by the other Coroner or Coroners.

(2) It shall be the duty of the Senior Coroner to inform the Commissioner of Police, as may from time to time be requisite, which Coroner is, in the event of a death or of the finding of a body lying dead, for the time being to be notified in accordance with section 8.

Removal from office

6 (1) The Governor may if he thinks fit remove any Coroner from his office for inability, or neglect, or misbehaviour in the discharge of his duty, or in accordance with a recommendation made under subsection (2).

(2) A Coroner shall be a person employed in the public service within the meaning of the Criminal Code [title 8 item 31], and on convic tion for any offence thereunder, may, in addition to any other punish ment be the subject of a recommendation by the Supreme Court to the Governor that he be removed from his office, and be disqualified from acting as Coroner.

(3) No Coroner shall leave Bermuda without the leave of the Governor, and any Coroner so leaving without leave, or overstaying any period for which leave may have been granted, shall be liable to be re moved from his office by the Governor.

Governor may exonerate or inhibit Coroner from holding particular inquest

7 The Governor may exonerate or inhibit any Coroner from holding any particular inquest.

Duty to notify coroner in certain cases

8 (1) Whenever the dead body of a person is found on land or in the territorial waters of Bermuda, or is brought or washed ashore, and there is reasonable cause to suspect that such person has died a violent or an unnatural death or a death of which the cause is unknown, or whenever any person dies in any prison (including a person upon whom sentence of death has been executed therein) or dies in a senior training school, or in a hospital which he was being treated primarily for mental disorder, it shall be the duty of every person finding such dead body, and every person having knowledge of such death, and of the principal occupier of the house or place or the master or person in charge of the ship or the person in charge of the prison, se nior training school, or hospital wherein such body is found, or such death occurs, forthwith to notify a police officer; and it shall be the duty of that police officer forthwith to take the necessary steps to cause the appropriate Coroner to be notified of such death or of the finding of such body.

(2) Any person who fails to comply with this section commits an offence against this Act:

Punishment on summary conviction: a fine of $576.

[section 8 amended by 1998 : 32 effective 13 July 1998]

Post-mortem examination where cause of death unknown; power of Coroner to dispense with inquest if satisfied

9 (1) Where a Coroner has been notified in accordance with sec tion 8 of a body lying dead and there is reasonable cause to suspect that such person has died a death of which the cause is unknown, the Coro ner, if he is of opinion that a post-mortem examination may prove an in quest to be unnecessary, may direct any registered medical practitioner to make a post-mortem examination of the body of the deceased person and to report the result thereof to him in writing, and for the purposes of the examination the Coroner shall have the like powers and the medical practitioner shall be subject to the like punishment for disobedience as if the examination were a post-mortem examination directed by the Coro ner at an inquest upon the body of the deceased person.

(2) If as a result of any such post-mortem examination as

aforesaid the Coroner is satisfied that an inquest is unnecessary he may dispense with the holding of an inquest accordingly.

(3) Where under this section a Coroner has dispensed with the holding of an inquest, he shall authorize the burial of the body by order under his hand in like manner as if an order for burial were being made at an inquest upon the body of the deceased person, and he shall also send to the Registrar-General a certificate under his hand stating the cause of death as revealed by the report of the medical practitioner who made the post-mortem examination.

Limitation of power to dispense with inquest

10 Nothing in section 9 shall be construed as authorizing a Coroner to dispense with an inquest where there is reasonable cause to suspect that a person had died a violent or an unnatural death.

Coroner's jury

11 (1) Subject to section 9, upon receipt of any notification given in accordance with section 8 the Coroner shall forthwith take the neces sary steps to hold an inquest into the death and may, if, in his discre tion, he considers it expedient in any particular case to have the assis tance of a jury, summon and empanel a jury in accordance with subsec tion (2), or he may hold the inquest without a jury:

Provided that in the case of a death in prison, a senior training school, in a hospital in which he was being treated primarily for mental disorder, the Coroner shall summon and em panel a jury in accordance with subsection (2).

(2) In summoning and empanelling a jury the following proce dure shall be observed�

(a) the Coroner shall issue his warrant in Form A in the First Schedule, directed to any police officer and requir ing him to summon not more than eleven and not less than seven good and lawful persons, resident in the neighbourhood of the place in which the Coroner intends to hold the sittings of the inquest, and the police officer shall summon not more than eleven nor less than seven good and lawful persons to attend such inquest as ju rors:

Provided that where an inquest is to be held on the body of a person who dies while detained in a prison, or upon whom sentence of death is executed in a prison, or who dies while detained in a senior training school, or in a hospital in which he was being treated primarily for mental disorder, or from injuries received therein, no of ficer or inmate of such prison, senior training school, or Mental Hospital shall be eligible as a juror;

(b) if at least seven duly summoned jurors do not attend the inquest at the time and place appointed, the Coroner may, by endorsement on the warrant, direct any police officer to summon a sufficient number of good and law ful persons to make up the number of the jury to seven or may himself summon the requisite number from the bystanders making, in such case, a written endorsement on the warrant to that effect;

(c) a jury may be summoned on a public holiday, but if summoned on a public holiday shall, after being sworn and after viewing the body, should they have done so in pursuance of section 13, adjourn and shall attend on the next day or any subsequent day as directed by the Coroner, then to proceed with the inquest.

(d) when not less than seven jurors are assembled they shall be sworn by the Coroner diligently to enquire touching the death of the person on whose body the in quest is about to be held and a true verdict give accord ing to the evidence; and subject to the Evidence Act 1905 [title 8 item 10], the Coroner shall administer the oath to the jurors in the following form, that is to say,�

I swear by Almighty God that I shall diligently inquire and a true presentment make of all such matters and things as are here given me in charge on behalf of Our Sovereign Lady the Queen touching the death of A.B. (or a person unknown) now lying dead, (of whose body I shall have the view,) and that I shall, without fear or favour, affection or ill will, a true verdict give ac cording to the evidence and to the best of my skill and knowledge.

(3) A coroner sitting without a jury in pursuance of subsection (1) shall have all the powers conferred on him and on a jury under the succeeding provisions of this Act as if he were acting with the assistance of a jury and the succeeding provisions of this Act shall be construed ac cordingly.

[section 11 amended by 1998 : 32 effective 13 July 1998]

Jurors and witnesses who do not attend or refuse to be sworn may be fined

12 (1) Any person duly summoned as a juror or witness and not being unable to attend from illness, who does not attend at the time and place named in the warrant, or who attends, and without lawful excuse refuses to be sworn, or to answer any question put to him touching his duty as a juror or witness, or who otherwise fails in the performance of such duty, shall be liable to a fine not exceeding $720, to be imposed summarily by the Coroner.

(2) The power vested by this Act in a Coroner of fining a juror or witness shall be deemed to be in addition to, and not in derogation of, any power he may possess, independently of this Act, for compelling any person to appear and give evidence before him on any inquest or other proceeding, or for punishing any person for contempt of court; but no person shall be fined by the Coroner under this Act, and also be pun ished under the power of the Coroner independently of this Act, for the same act or omission.

(3) Where a Coroner imposes a fine upon a person he shall sign a certificate describing such person, and stating the amount of such fine and the cause thereof, and shall, at the close of the inquest, send such certificate to the Registrar and shall at the same time cause a copy thereof to be served through the post or otherwise, on the person fined, and the Registrar shall enter every fine so certified in the Record or Minute Book of the Supreme Court, and the fine, if not paid to the Reg istrar, shall be enforced and levied by writ of execution at the suit of the Crown:

Provided that the Supreme Court may, on cause shown, remit, or reduce the amount of, such fine.

View of body

13 At or before the first sitting of an inquest, the Coroner shall, if he is not satisfied by evidence on oath as to the identification of the body, view the body, and if before the body has been buried, the Coroner so di rects, or a majority of the jury so desires, the body shall be viewed by the jury also:

Provided that where a previous inquest on a body has been be gun but not completed, it shall not be obligatory upon the Coroner holding a subsequent inquest to view the body.

Order for burial

14 After view of the body by the Coroner, should he consider such a view necessary, and by the jury, should they desire such view in accor dance with section 13, the Coroner may, by an order under his hand in Form B in the First Schedule, authorize the body to be buried before ver dict, and before registration of the death, and deliver such order to the occupier of the house or place, or the Commissioner of Prisons, or the Medical Director of the Hospital wherein such body is lying, or other person having charge of such body, or charge of the burial thereof, as his warrant for the burial thereof, and such order shall be produced to the minister or other person conducting such burial.

[section 14 amended by 1998 : 32 effective 13 July 1998]

Medical witnesses; direction to hold post-mortem examination

15 (1) Where the deceased person was attended at his death, or during his last illness, by any registered medical practitioner the Coroner may summon such medical practitioner as a witness; but where the de ceased person was not so attended the Coroner may summon any regis tered medical practitioner in actual practice in Bermuda and such prac titioner may be asked as to how in his opinion the deceased came to his death.

(2) The Coroner may direct such medical witness to make a post-mortem examination of the body of the deceased person with or without an analysis of the stomach or intestines:

Provided that where a person states upon oath before the Coro ner that in his belief the death of the deceased person was caused partly or wholly by the improper or negligent treatment of a medical practi tioner, or where the Coroner has reason so to believe, such medical practitioner shall not perform, or assist at, such post-mortem examina tion.

(3) If a majority of the jury are of opinion that the cause of death has not been satisfactorily explained by the evidence of the medi cal practitioner or other witnesses brought before them, they may in writing require the Coroner to summon as a witness some other regis tered medical practitioner named by them, and further to direct a post-mortem examination of the deceased person, with or without an analysis of the contents of the stomach or intestines, to be made by such last mentioned medical practitioner, and the Coroner shall comply with any such requisition.

(4) Any medical practitioner who fails to obey a summons of a Coroner issued under this section, shall, unless he shows good and suf ficient cause for not having obeyed the summons, commits an offence against this Act:

Punishment on summary conviction: a fine of $720.

Removal of body for post-mortem examination

16 Where under any of the foregoing provisions of this Act a Coro ner directs that a post-mortem examination of a body is to be made the Coroner may order the removal of the body to any place which may be provided for the purpose.

Proceedings at inquest

17 (1) The Coroner shall, at the various sittings of the inquest, ex amine on oath touching the death all persons who tender their evidence respecting the facts and all persons having knowledge of the facts whom he thinks it expedient to examine.

(2) The Coroner shall put into writing the statement on oath of those who know the material facts and circumstances of the case and such deposition shall be signed by the witness and the Coroner.

(3) The Coroner may adjourn the sittings of the inquest from time to time.

(4) After hearing the evidence the jury shall give their verdict in writing setting forth, so far as such particulars have been proved to them, who the deceased person was, and how, when, and where he came by his death, and, if by murder, manslaughter or infanticide, the person (if any) whom the jury find to have been guilty thereof, or of being acces sory before the fact thereto.

Provided that where the jury adds a rider to the verdict it shall not be obligatory on the Coroner to accept or record such rider.

(5) The jury shall also inquire concerning the particulars re quired to be registered under the Registration (Births and Deaths) Act 1949 [title 28 item 1], in respect of the deceased person, and the Coroner within five days after the finding of the jury is given shall send to the Registrar General a certificate under his hand giving information con cerning the death and specifying the finding of the jury with respect to such particulars and to the cause of death, and specifying the time and place at which the inquest was held; and without prejudice to anything in the Registration (Births and Deaths) Act 1949 the Registrar shall, in the prescribed form and manner, enter the death and particulars, and, if the death has been previously registered, such particulars shall be en tered in the prescribed manner without any alteration of the original en try.

(6) If the jury at an inquest fails to agree on a verdict, and the minority consists of not more than two, the Coroner may, after the jury has been in deliberation for at least one hour, accept the verdict of the majority, and such verdict when so delivered shall have the same force and effect as if the whole jury had concurred therein; and in delivering such verdict the foreman shall declare to the Coroner in the presence of the other members of the jury that not more than two members of the jury have not concurred therein.

(7) If after two hours deliberation a majority of the jury are un able to return a verdict by virtue of subsection (6), the Coroner shall ei ther discharge the jury and take the necessary steps for holding another inquest or shall adjourn the inquest into the Supreme Court as here inafter in this Act provided.

(8) In all cases where the jury find a verdict the Coroner shall within two days from the conclusion of the inquest return the inquisition and all depositions and exhibits into the office of the Deputy Governor.

(9) The inquisition shall be under the hands of the jurors who concur in the verdict, and of the Coroner.

(10) The inquisition may be written or printed, or partly written and partly printed, and may be in Form C in the First Schedule, or to the like effect, or in such other form as the Supreme Court may time to time prescribe.

Adjournment of inquest where person charged with murder, manslaughter or infanticide

18 (1) If in circumstances which require the holding of an inquest touching a death under this Act the Coroner before the commencement of the inquest is informed that some person has been charged before a magistrate with the murder, manslaughter or infanticide of the deceased person, he shall proceed to summon and empanel a jury as hereinbefore in this Act provided, but, after view of the body by the Coroner, and, should they desire such view in accordance with section 13, by the jury he shall forthwith adjourn the inquest until after the conclusion of the criminal proceedings.

(2) If during an inquest touching a death the Coroner is in formed before the jury have given their verdict that some person has been charged before a magistrate with the murder, manslaughter or in fanticide of the deceased person, he shall adjourn the inquest until after the conclusion of the criminal proceedings.

(3) After the conclusion of the criminal proceedings the Coroner may, subject as hereinafter provided, resume the adjourned inquest if he is of opinion that there is sufficient cause to do so:

Provided that if in the course of the criminal proceedings any person has been charged on indictment, then upon the resumed inquest no inquisition shall charge that person with an offence of which he
could have been convicted on the indictment or contain any finding which is inconsistent with the determination of any matter by the result of those proceedings.

(4) If having regard to the result of the criminal proceedings, the Coroner decides not to resume the inquest, he shall send to the Reg istrar General a certificate under his hand stating the result of the crimi nal proceedings and the particulars necessary for the registration of the death so far as they have been ascertained at the inquest and the Regis trar General shall enter the death and particulars in the form and man ner prescribed.

(5) It shall be the duty of the magistrate before whom a person is charged with murder, manslaughter, or infanticide to inform the Coro ner who is responsible for holding an inquest of the making of the charge, and where a person charged with murder, manslaughter, or in fanticide is committed for trial to the Supreme Court it shall be the duty of the Registrar to inform the Coroner of the result of the proceedings in the Supreme Court and of the result of any proceeding which may be taken by way of appeal from the Supreme Court.

(6) For the purposes of this section, "the criminal proceedings" means the proceedings before a magistrate, and if the accused person is committed for trial, the proceedings before the Supreme Court and, if an appeal is made from the Supreme Court the proceedings on appeal; and criminal proceedings shall not be deemed to be concluded until no fur ther appeal can be made in the course thereof.

Governor may direct inquest to be held where body destroyed or not recoverable

19 (1) Notwithstanding anything in the foregoing provisions of this Act, where a Coroner has reason to believe that a death has occurred in such circumstances that an inquest ought to be held, and that owing to the destruction of the body by fire or otherwise, or to the fact that the body is lying in a place from which it cannot be recovered, an inquest cannot be held except by virtue of this section, he shall report the facts to the Governor who may, if reconsiders it expedient to do so, direct an inquest to be held touching the death, and an inquest shall be held ac cordingly by such Coroner as the Governor may direct.

(2) Where an inquest is held in the circumstances mentioned in subsection (1) this Act shall apply and have effect in relation to the in quest with such modifications as may be necessary in consequence of the inquest being held otherwise than on or after view of a body.

Coroner unable to complete inquest

20 (1) Where a Coroner duly notified in accordance with section 8 is unable for any reason to hold, or to take any necessary steps for holding, an inquest into the death so notified to him, the Senior Coroner shall direct another Coroner to proceed therein; and any steps taken by such former Coroner prior to the holding of the sittings of the inquest shall be deemed to be valid and effectual in relation to the holding of the inquest by the latter Coroner.

(2) Where it is not possible to complete an inquest otherwise than by reason of the disagreement of the jury as mentioned in section 17(6)), the Senior Coroner shall give the necessary directions for holding another inquest, either by the same or by another Coroner; and the fore going provisions of this Act shall have effect, with necessary modifica tions, with respect to the holding of the new inquest.

(3) Nothing in the foregoing provisions of this section shall derogate from or abridge anything in section 21 or section 22.

Procedure where inquest adjourned to Supreme Court

21 (1) Where an inquest has been adjourned to the Supreme Court, the Coroner shall forward a notice to that effect to the Registrar, with the depositions or written notes of the evidence taken by the Coro ner on such inquest and the names of the jurors constituting the jury, and a judge shall as soon as may be fix a day for the adjourned inquest to be held before the Supreme Court.

(2) jurors who served on such inquest shall be summoned to attend the adjourned inquest in such manner as a judge may direct and such jurors shall attend accordingly.

(3) A judge may in respect of an adjourned inquest, direct that any witness shall be summoned to attend such inquest to give evidence on oath touching the same.

(4) Any juror or witness not attending, after having been duly summoned, shall be liable to such fine not exceeding $720 as the Supreme Court may impose, so, however, that the Court shall have power to remit the whole or any part of such fine on being satisfied that the absence of such juror or witness was occasioned by reasonable cause.

(5) At the adjourned inquest the judge composing the Court shall, after the taking of further evidence (if any) as aforesaid, charge the jury with respect to the evidence and the law applicable thereto, and the jury shall then consider their verdict.

(6) If after two hours deliberation a majority of at least three-fourths of the jury do not agree on the verdict the judge composing the Court may at any time direct the jury to be discharged without giving a verdict.

Application to Supreme Court by Attorney-General

22 (1) If the Supreme Court, upon application made by or on be half of the Attorney-General, is satisfied either �

(a) that a Coroner refuses or neglects to hold an inquest which ought to be held touching a death; or

(b) where an inquest touching a death has been held by the Coroner, that by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable in the interests of justice that another inquest should be held,

then the Supreme Court may order an inquest to be held touching such death, and may, if the Court thinks just, order the Coroner to pay such costs of and incidental to the application as to the Court seems just; and where an inquest has been already held the Court may quash the verdict on that inquest.

(2) The Supreme Court may order that such inquest shall be held either by the same Coroner or by any other Coroner.

(3) At any such inquest it shall not be necessary, unless the Supreme Court otherwise orders, to view the body, or to state that the inquest is taken on view of the body unless it is so taken.

(4) The Supreme Court shall not quash any verdict merely for defect in form, but the Court may order the Registrar to amend any de fect in the verdict or inquisition and any variance occurring between such verdict and the evidence offered in proof thereof, if the Court is of opinion that such defect or variance is not material to the merits of the case.

(5) Without prejudice to the generality of the foregoing provi sions of this section, the powers of the Supreme Court under the said provisions shall extend to and may be exercised where the Court is sat isfied that by reason of the discovery of new facts or new evidence it is necessary or desirable in the interests of justice that an inquisition on an inquest previously held should be quashed, and that another inquest should be held.

Inquest after a fire

23 Whenever any loss of life or serious injury to any person, or any destruction of or material injury to property, is occasioned by fire, or any fire gives rise to suspicion of arson, a Coroner shall have jurisdiction to inquire into the cause and circumstances of such fire, the means which were available for preventing the fire, and all matters connected there with; and the provisions of this Act as to proceedings on inquests and otherwise shall, so far as is consistent with the tenor thereof, apply to every such inquest.

Inquest of treasure trove

24 A Coroner shall have jurisdiction to inquire of treasure that is found, as to who were the finders, and who is suspected thereof, and the provisions of this Act shall, so far as is consistent with the tenor thereof, apply to every such inquest.

Enforcement of fines

25 All fines imposed by this Act, the mode of enforcement whereof is not otherwise provided for, may be sued for and recovered with costs by the Coroner before a court of summary jurisdiction.

Consolidated Fund

26 The fees and expenses prescribed under the Court Fees and Ex penses Act 1971 [title 8 item 7] shall be payable out of the Consolidated Fund on the Coroner's certificate of the due performance of the service.

Commencement

27 [omitted]

[this Act was brought into operation on 1 August 1939 by notice published in Gazette No. 31 of 1939]

SCHEDULES

FIRST SCHEDULE

FORMS

FORM A

WARRANT FOR SUMMONING A JURY

Bermuda Islands

[blank] Parish to wit.

To (name of police officer) one of the police officers of Bermuda.

In pursuance of the Coroners Act, 1938, you are hereby required to summon not more than eleven and not less than seven good and law ful persons resident in the neighbourhood of [blank] in [blank] Parish to attend as jurors an inquest to be held at that place on the [blank] day of [blank] at [blank] o'clock in the [blank] noon, on^*

Dated this [blank] day of [blank] 19 [blank]

...................................................
(Signature of Coroner)
(Seal.)

*insert the subject matter of the inquest�

Examples�

(a) "the body of A.B." or, if the deceased is unknown, "the body of a person (child, or infant, as the case may be) un known."

(b) "a fire which took place at [blank] on the [blank] day of [blank] 19 [blank]."

FORM B

ORDER FOR BURIAL

I, the undersigned, a Coroner for Bermuda do hereby authorize the burial of the body of [blank]

Witness my hand this [blank] day of [blank] 19 [blank]

...................................................
Coroner

FORM C

FORM OF INQUISITION

Bermuda Islands

[blank] Parish to wit.

An inquisition taken for our Sovereign (Lady the Queen) at [blank] in the Parish of [blank] in Bermuda on the [blank] day of [blank] 19 [blank], and by adjournment on the [blank] day of [blank] or (as the case may require) before A.B. one of the Coroners of our (Lady the Queen) for Bermuda upon the oath (or on affirmation) of (here insert the names of jurors L.M.N. etc.) being good and lawful persons of Bermuda duly sworn to inquire for our (Lady the Queen) as to the death of A.B., (or a person to the jurors unknown); and those of the said jurors whose names are here unto subscribed upon their oath (or on affirmation) do say;

(Here set out the circumstances of the death, as, for example:

(a) That the said A.B. was found dead on the [blank] day of [blank] in the year aforesaid at [blank] in the parish of [blank] in Bermuda (or set out the place of death) and

(b) The cause of his death was that he was thrown by C.D against the ground, whereby, the said A.B. had a violent concussion of the brain and instantly died (or set out other cause of death).

Here set out the conclusion of the jury as to the death, as for example:

(c) and do further say that the said C.D. did feloniously kill

Bermuda Consolidated Legislation

Coroners Act 1938