New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 19

19 Procedure at inquest or inquiry involving indictable offence

(1) This section applies if:

(a) before an inquest or inquiry commences or at any time during the course of an inquest or inquiry, it appears to the coroner that a person has been charged with an indictable offence, or

(b) at any time during the course of an inquest or inquiry, the coroner is of the opinion that, having regard to all the evidence given up to that time:

(i) the evidence is capable of satisfying a jury beyond reasonable doubt that a known person has committed an indictable offence, and

(ii) there is a reasonable prospect that a jury would convict the known person of the indictable offence,

and the indictable offence is one in which the question whether the person charged or the known person caused the death or suspected death or the fire or explosion is in issue.

(1A) If this section applies to an inquest or inquiry as provided by subsection (1) (a), the coroner may commence the inquest or inquiry, or continue it if it has commenced, but only for the purpose of taking evidence to establish:

(a) in the case of an inquest-the death, the identity of the deceased and the date and place of death, or

(b) in the case of an inquiry-the date and place of the fire or explosion,

and, after taking that evidence, or if that evidence has been taken, must suspend the inquest or inquiry and, if there is a jury, must discharge the jury.

(1B) If this section applies to an inquest as provided by subsection (1) (b), the coroner may continue the inquest and:

(a) record under section 22 (1) the findings of the coroner or, if there is a jury, the verdict of the jury, or

(b) after taking evidence to establish the death, the identity of the deceased and the date and place of death-suspend the inquest and, if there is a jury, discharge the jury.

(1C) If this section applies to an inquiry as provided by subsection (1) (b), the coroner may continue the inquiry and:

(a) record under section 22 (2) the findings of the coroner or, if there is a jury, the verdict of the jury, or

(b) after taking evidence to establish the date and place of the fire or explosion-suspend the inquiry and, if there is a jury, discharge the jury.

(2) The coroner is required to forward to the Director of Public Prosecutions the depositions taken at an inquest or inquiry to which this section applies together with a statement that is signed by the coroner and specifies, in the case of an inquest or inquiry referred to in subsection (1) (b), the name of the known person, and the particulars of the offence, so referred to.