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9 1962

CORONERS ACT, 1962

PART IV

Juries at Inquests

General power to sit with or without jury.

39. —Save as otherwise provided by this Part, a coroner may hold any inquest either, as he thinks proper, with or without a jury.

Obligation on coroner to sit with jury in certain cases.

40. —(1) An inquest shall be held with a jury if, either before or during the inquest, the coroner becomes of opinion—

(a) that the deceased came by his death by murder, infanticide or manslaughter, or

(b) that the death of the deceased occurred in a place or in circumstances which, under provisions in that behalf contained in any other enactment, require that an inquest should be held, or

(c) that the death of the deceased was caused by accident, poisoning or disease of which, under provisions in that behalf contained in any other enactment, notice is required to be given to a Minister or Department of State or to an inspector or other officer of a Minister or Department of State, or

(d) that the death of the deceased was caused by an accident arising out of the use of a vehicle in a public place, or

(e) that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public.

(2) The jury at an inquest shall be sworn by or before the coroner.

(3) Where a coroner, before commencing or resuming an inquest in relation to any death, is informed by a member of the Garda Síochána not below the rank of inspector that he will request an adjournment of the inquest on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, every (if any) obligation under subsection (1) of this section to hold the inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.

Number of coroner's jury.

41. —A coroner's jury shall consist of not less than six and not more than twelve persons.

Liability to serve on coroner's jury.

42. —Every person over the age of twenty-one years residing within a coroner's district shall be liable to serve on the jury at any inquest held within that district unless—

(a) he is disqualified for serving as a juror under section 4 of the Juries Act, 1927 ;

(b) he is exempted from serving as a juror under section 5 of that Act, and is not included, under section 16 of that Act, in a jurors list.

Summoning of jury.

43. —Whenever a jury is required for an inquest at any time and place, the coroner shall so inform a member of the Garda Síochána and the member shall assemble not less than six and not more than twelve persons qualified to be jurors at the inquest at such time and place and may, if he thinks it necessary, serve summonses in the prescribed form to ensure their attendance.

Failure of jury to agree.

44. —If the jury at an inquest fail to agree on a verdict, the following provisions shall have effect:

(a) if a majority of the jury agree on a verdict, the verdict shall be accepted by the coroner, and

(b) in any other case, the coroner shall discharge the jury and hold a new inquest.

Holding of adjourned inquest with different jury.

45. —An inquest which has been adjourned and at which only evidence of identification has been given may be resumed with a different jury.