Coroner

(1) Role of the Coroner
(2) What You Can Expect from the Coroner
(3) The Coroner’s work involves
(4) Obtaining relevant documents
(5) How to contact us

In Ireland the coroner is required by law to inquire into the cause of a range of reportable deaths, including unexpected, unexplained, violent or unnatural deaths.

This inquiry is an independent inquiry to determine the cause of death of the person and to ensure that a death certificate can be issued. In a number of deaths, coroners may need to direct a post-mortem and, in certain cases, may also need to hold an inquest if this is required.

The coroner’s inquest is an important public service, particularly for the family and friends of the person who has died.

The Coroners (Amendment) Act, 2019 sets out a more extensive range of deaths requiring investigation and inquest on a mandatory basis. This includes deaths in State custody or detention, a maternal death or late maternal death.

In cases of stillbirth at 24 weeks’ pregnant or more, or an infant death (up to 365 days after birth), the death must be reported to the coroner. There is no automatic requirement for a post-mortem examination or inquest, however, the coroner may direct a post-mortem examination or inquest if they consider it appropriate. (In the case of a stillbirth, the coroner will consult with a family member, if that is practicable, before directing an inquest.)

An inquest is an inquiry held in public by a coroner, sometimes with a jury.

The aim of the inquest is to:

• find out the facts about the death;
• place those facts on the public record; and
• make findings on the following:
  – the identity of the deceased person;
  – the date and place of death;
  – how, when and where the death occurred;
  – the circumstances in which the death occurred, to the extent that the coroner considers it necessary.

The inquest makes findings on all of these questions, as far as possible, and returns a verdict.

Under the Coroners Act 1962, neither the coroner or a jury – if one is used to reach a verdict which may hold a person liable for the death of the deceased, or whether the death was a crime, or whether a person bears a civil liability arising from the death. Such matters of criminal or civil liability are for the courts to decide.

However, the inquest can make general recommendations that the coroner or jury considers necessary or desirable in the interests of public health or safety, or that are designed to help prevent deaths occurring.

The coroner is independent in carrying out their statutory functions. There is no appeal from a coroner’s decision. However, a person who considers that a coroner has not acted in line with the law may appeal to the High Court for a review of the Coroner’s decision (this is known as a Judicial Review Application).

Coroners are conscious that while their inquiry into a death is required, the process can often cause upset and trauma for the family of the victim.

Coroners will carry out their work as sensitively as possible, and with respect for the deceased person, and for grieving families and other people affected by the death.

A coroner is an independent ‘quasi-judicial’ officer who is responsible, in the public interest, for investigating reportable deaths. (A quasi-judicial officer is a person who has some legal powers, but does not have the full powers of the Courts.)

There is a coroner for each district across the country. Coroners’ powers and duties are set out by law in the Coroners Acts 1962 – 2019. You can find more information, and the contact details of the coroner for your district, on the Coroners Service website at www.coroners.ie

Under law, certain categories of death must be reported to the coroner.

Usually, a doctor, hospital, Gardaí or undertaker notified of the death will make that report. A list of reportable deaths is set out in the Second Schedule to the Coroners (Amendment) Act 2019. These include any death, which, in the circumstances is an unexpected, unexplained or violent one.

The term ‘family member’ in relation to the work of the coroner, is broadly defined to include the following people:

• a parent, grandparent, child, brother, sister, nephew, niece, uncle or aunt, whether of the whole blood, of the half blood or by affinity, of the person;
• a spouse, a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or a cohabiting partner of the person,
• any other person who is ordinarily a member of the person’s household, or
• any child who has been placed in foster care with the person or with any person referred to in the paragraphs (a) to (c) above. This also includes a reference to any such member of the person’s family who is adopted.

• ensuring the identifying of the body by a family member (or a nominated person),
• directing a post-mortem examination where required,
• authorising the release of the body for burial,
• directing an inquest, and
• obtaining all necessary and relevant documentation.

Each of these are explained below.

Identifying the body of the deceased person may be upsetting for family members or friends. In certain cases, arrangements can be made for someone else to do this for you, if you find it too upsetting to do it yourself.

The coroner may be of the opinion, that such an examination is necessary or may be required by law, to direct a post-mortem examination to be carried out by a pathologist (a specialist medical doctor). This is a special medical examination of the body. Coroners are aware of the concerns that family of the deceased may have about this procedure, and will inform and explain the reasons involved.

Where a coroner directs a post-mortem examination, this is done in the public interest. The consent of a family member is not required.

Under the Coroners (Amendment) Act, 2019, the coroner will provide a copy of the post-mortem report (on request) to a family member of the deceased person. There is an exception to this provision if the coroner considers that providing the report could have an unfair influence on any criminal proceedings in relation to the death.

Coroners will do their best to release the body of the deceased for burial or cremation, without any unnecessary delay. They will tell you the likely date and time of the release of the body.

Coroners will look to hold an inquest as soon as possible after the death. This process can take some time to ensure that all necessary medical and technical reports are available and the attendance of critical witnesses can be arranged. An inquest is a public inquiry into the death, including an unexpected, unexplained or violent death.

Where a death is under investigation by An Garda Síochána, the Garda Síochána Ombudsman, the Defence Forces, or a body authorised in law to investigate certain types of accidents, the inquest may be opened. This inquest will hear basic information as to identity and then be adjourned pending the conclusion of the other investigations which might lead to criminal charges.

Under the Coroners (Amendment) Act, 2019 the coroner must give at least 14 days’ notice of the date, time and location of the inquest to a family member or other interested parties.

At the inquest, coroners can explain to you what is involved. During the inquest, coroners will try to be as sensitive as possible. For example, you may choose to leave the courtroom when the pathologist or any other person gives evidence which you might find distressing.

Following the inquest, you can ask for copies of documents, where such have been disclosed (shared) at the inquest. You can get these from the coroner’s office for a set fee.

In certain cases, coroners may be able to advise you of local support groups and networks that you can contact. These include social workers at various hospitals, and bereavement counsellors. However, this is not a direct function of the coroner.

If you would like general information about our services, including information on fees, you can contact the relevant coroner’s office. You can get the names, addresses and telephone numbers of coroners from your local authority or from our website: www.coroners.ie

If you have any concerns or questions about the conduct of an inquiry into a death reported to a coroner, including a post-mortem examination or an inquest, you should directly engage with the coroner concerned.

For general inquiries about the law in relation to coroners, you may contact the Coroner Service Implementation Team at the Department of Justice. The contact details are below.

Address: Coroner Service Implementation Team, Department of Justice, Athlumney House, IDA Business Park, Johnstown, Navan, Co Meath.

Tel: 046-909 1323

Fax: 046-905 0560

Email: [email protected]