Australian Capital Territory Consolidated Acts

CORONERS ACT 1997 - SECT 58

    (1)     If, during the course of an inquest or inquiry, a coroner has reasonable grounds for believing that, having regard to the evidence given at an inquest or inquiry, a person has committed an indictable offence, the coroner—

        (a)     must, by written notice, inform the director of public prosecutions; and

        (b)     must not proceed further with the inquest or inquiry until the date ascertained in accordance with subsection (4).

    (2)     In deciding whether to inform the director of public prosecutions or not to proceed further with an inquest or inquiry, the coroner must have regard to—

        (a)     the admissibility at trial of the evidence given at the inquest or inquiry on which the coroner bases his or her opinion that the director of public prosecutions should be informed; and

        (b)     whether the director of public prosecutions or a person who may be affected by the referral to the director of public prosecutions of evidence relevant to the alleged offence is, or has been, given the opportunity to give evidence in connection with the alleged offence.

    (3)     If, during the course of an inquest or inquiry—

        (a)     the director of public prosecutions, by written notice, informs the coroner holding the inquest or inquiry that an information is to be laid or presented charging a person with an indictable offence in relation to the death of a person the subject of the inquest or the matter the subject of the inquiry; or

        (b)     the Attorney-General lays or presents an information against the person;

the coroner must not proceed further with the inquest or inquiry until the date ascertained in accordance with subsection (4).

    (4)     For subsections (1) and (3), the coroner may proceed with the inquest or inquiry—

        (a)     if a prosecution is not instituted on or before the day after the day that is 3 months after—

              (i)     the day the coroner issued the written notice required to be given to the director of public prosecutions under subsection (1) (a); or

              (ii)     receipt of a written notice provided to a coroner under subsection (3) (a); or

        (b)     on a day after—

              (i)     the day on which the director of public prosecutions gives notice to the coroner that—

    (A)     no information is to be laid or presented in relation to the alleged offence; or

    (B)     the director of public prosecutions has discontinued or intends to discontinue proceedings in relation to the information; or

              (ii)     if the person is committed or indicted to take his or her trial for the alleged offence, the day after the day on which—

    (A)     the director of public prosecutions gives notice to the coroner that all proceedings in relation to an information laid or presented are finally decided; or

    (B)     the director of public prosecutions gives notice to the coroner that proceedings in relation to the information have been or will be discontinued; or

              (iii)     if the person is not so committed or indicted—the day after the day on which the person is discharged; or

              (iv)     if the person is convicted of the offence, and the director of public prosecutions has not given notice under subparagraph (ii) (A) that the proceedings are finally decided—30 days after the proceedings are finally decided.

    (5)     A coroner may continue an inquest or inquiry after the relevant day referred to in subsection (4), but must not make a finding inconsistent with the judgment or verdict of the court that finally determined the guilt or innocence of the person charged.

    (6)     A coroner must not continue with the holding of an inquest or inquiry if satisfied that the inquest or inquiry should not be continued.