an appeal from the conviction of that person is heard, A.D. 1926. and criminal proceedings shall not be deemed to be concluded until no further appeal can, without an extension of time being granted by the Court of Criminal 5 Appeal, be made in the course thereof.

Post-mortem and Special Examinations.

amination

21.-(1) Where a coroner is informed that the Postdead body of a person is lying within his jurisdiction mortem exand there is reasonable cause to suspect that the person without 10 has died a sudden death of which the cause is unknown, inquest. if the coroner is of opinion that a post-mortem examination may prove an inquest to be unnecessary he may direct any legally qualified medical practitioner whom, if an inquest were held, he would be entitled (under 15 section twenty-one of the Coroners Act, 1887, to summon as a medical witness or may request any other legally qualified medical practitioner, to make a post-mortem examination of the body of the deceased and to report the result thereof to him, and for the purposes of the 20 examination the coroner and any person directed or requested by him to make the examination shall have the like powers, authorities and immunities as if the examination were a post-mortem examination directed by the coroner at an inquest upon the body of the 25 deceased.

(2) If as a result of such a post-mortem examination as aforesaid the coroner is satisfied that an inquest is unnecessary he shall send to the registrar of deaths whose duty it is by law to register the death a certi30 ficate under his hand stating the cause of death as disclosed by the report, and the registrar shall make an entry in the register or margin thereof accordingly in the form and manner prescribed under the Registration Acts.

35

(3) Nothing in this section shall be construed as authorising the coroner to dispense with an inquest in any case where there is reasonable cause to suspect that the deceased has died either a violent or an unnatural death, or has died in prison, or in such place or in 40 such circumstances as to necessitate the holding of an inquest in accordance with the requirements of any Act

A.D. 1926.

Powe of coroner to

request specially qualified persons to make postmortem and special examinations.

22.-(1) Without prejudice to the power of a coroner holding an inquest to direct a medical witness whom he may summon under section twenty-one of the Coroners Act, 1887, to make a post-mortem examination of the body of the deceased, the coroner may, at any time after 5 he has decided to hold an inquest, request any legally qualified medical practitioner to make

(a) a post-mortem examination of the body of the
deceased; or

(b) a special examination by way of analysis, test or 10
otherwise of such parts or contents of the body
or such other substances or things as ought in
the opinion of the coroner to be submitted to
analyses, tests or other special examination
with a view to ascertaining how the deceased 15
came by his death;

or to make both such examinations, or may request any
person whom he considers to possess special qualifications
for conducting such a special examination as aforesaid
(in this Act referred to as a "special examination ") to 20
make the special examination.

(2) If any person who has made such a post-
mortem or special examination as aforesaid is summoned
by the coroner as a witness he may be asked to give
evidence as to his opinion upon any matter arising out 25
of the examination, and as to how in his opinion the
deceased came by his death.

(3) The provisions of this Act prescribing the fees payable to medical witnesses shall not apply with respect to any examination made at the request of the coroner 30 under this section, but the fees payable in respect of any such examination shall be such as may be prescribed by the schedule of fees, allowances, and disbursements made by a local authority under section twenty-five of the Coroners Act, 1887, or by rules made by the Secretary of 35 State under this Act.

(4) Where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that 40 medical practitioner or other person shall not be allowed to perform or assist at any post-mortem or special examination made for the purposes of the inquest on the deceased.

10

15

20

medical

23.-The fees payable to a legally qualified medical A.D. 1926, practitioner who has made any post-mortem examination Fees to by the direction or at the request of a coroner, or who has attended an inquest in obedience to a summons of a witnesses. 5 coroner under the Coroners Act, 1887, shall (save as in this Act otherwise expressly provided) be as follows, that is to say :

25

(a) for attending to give evidence at any inquest
whereat no post-mortem examination has been
made by the practitioner, one guinea; and
(b) [for making a post-mortem examination of the
body of the deceased and reporting the result
thereof to the coroner without attending to
give evidence at an inquest, one and a half
guineas; and]

(c) for making a post-mortem examination of the
body of the deceased (including the making of
a report, if any, of the result thereof to the
coroner) and for attending to give evidence at
an inquest on the body, two guineas:

Provided that no fee or remuneration shall be paid to a medical practitioner for the purpose of a postmortem examination instituted without the previous direction or request of the coroner.

post

24.-(1) Where by the direction or at the request Power of of a coroner a post-mortem examination of a body is to removal of be made, the coroner may, subject as hereinafter provided, body for order the removal of the body to any place which may mortem or be provided for the purpose either within his jurisdiction special ex30 or within any adjoining area in which another coroner has amination, jurisdiction:

Provided that the coroner shall not under this section order the removal of the body to any place other than a place within his jurisdiction provided by a 35 sanitary authority or nuisance authority except with the consent of the person or authority by whom the place is provided.

(2) Where a coroner orders under this section the removal of a body to any place outside his jurisdiction, 40 he may authorise the burial of the body after examination, notwithstanding that it is outside his jurisdiction, and if he does not do so he shall order the removal

A.D. 1926, of the body after examination to a place within his jurisdiction.

Procedure

where per

(3) The removal of a body in pursuance of an order made by a coroner under this section to any place outside his jurisdiction shall not affect his powers and 5 duties in relation to the body or the inquest thereon, nor shall it confer or impose any rights, powers or duties upon any other coroner.

(4) The expenses of any removal ordered by a coroner under this section shall be defrayed as part of 10 the expenses incurred by him in the course of his duties.

Miscellaneous and General.

25.-(1) Where a coroner's inquisition charges any person with murder, manslaughter or infanticide, the son charged coroner shall, subject to any rules made under this 15 section, have the like powers as to committing that person for trial as might be exercised by examining justices if he were charged before them.

on coroner's inquisition.

Power to

(2) The Lord Chancellor may, subject to the express provisions of this and of any other Act, make rules for 20 regulating the practice and procedure in relation to proceedings in the case of persons charged by a coroner's inquisition with murder, manslaughter or infanticide, and such rules may apply to such proceedings the provisions of sections eleven, thirteen, and fourteen of 25 the Criminal Justice Act, 1925, and of any other enactment relating to venue in indictable offences and to the power of justices to bind over witnesses and to commit to convenient assizes, with such modifications as may be necessary for giving effect to the provisions of this 30 section.

(3) Rules shall not be made under the Indictments Act, 1915, with respect to any matter for the regulation of which the Lord Chancellor is empowered to make rules under this Act, and no rules contained in or 35 made under that Act shall apply to coroner's inquisitions except in so far as they may be applied thereto by rules made under this Act.

26. The Lord Chancellor may, with the concurrence make rules. of the Secretary of State, make rules for regulating the 40 practice and procedure at or in connection with inquests

5

10

15

20

and post-mortem examinations and, in particular (with- A.D. 1926. out prejudice to the generality of the foregoing provision),

such rules may provide

(a) as to the procedure at inquests held without a
jury; and

(b) as to the issue by coroners of orders authorising
'burials; and

(c) for empowering a coroner or his deputy or
assistant deputy to alter the date fixed for the
holding of any adjourned inquest within the
jurisdiction of the coroner; and

(d) as to the procedure to be followed where a
coroner decides not to resume an adjourned
inquest; and

(e) as to the notices to be given and as to the
variation or discharge of any recognisances
entered into by jurymen or witnesses where the
date fixed for an adjourned inquest is altered
or where a coroner decides not to resume an
adjourned inquest.

27. The power of the Lord Chancellor under this Prescription Act to make rules with respect to any matter shall of forms. include power to prescribe by such rules the forms to be used in connection with that matter and to revoke or 25 amend any forms which are directed or authorised by or under any statute to be used in connection with that matter and to substitute new forms for any of such forms.

28.-(1) Section twenty-eight of the Coroners Act, Coroners' 30 1887, under which borough coroners are required to returns. furnish yearly returns to the Secretary of State shall apply to all other coroners in like manner as it applies to borough coroners.

(2) In addition to the yearly returns to be furnished 35 under the said section, every coroner shall, as and when required by the Secretary of State, furnish to the Secretary of State returns in relation to inquests held and deaths inquired into by him in such form and containing such particulars as the Secretary of State 40 may direct.