53Powers of coroners at an inquest

53 Powers of coroners at an inquest

(1)  If a coroner reasonably believes it is necessary for the purposes of an inquest, the coroner may –

(a) summon a person to attend as a witness or to produce any document or other materials; and

(b) inspect, copy and keep for a reasonable period any thing produced at the inquest; and

(c) order a witness to answer questions; and

(d) order a witness to take an oath or affirmation to answer questions; and

(e) give any other directions and do anything else the coroner believes necessary.

(2)  A coroner may be assisted by counsel or by such other persons as the coroner determines.

(3)  [Section 53 Subsection (3) amended by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] If a coroner determines that the assistance of counsel is required, the coroner must request the Director of Public Prosecutions to provide counsel to assist the coroner and the Director of Public Prosecutions may provide counsel to assist the coroner.

(4)  A person must not, without reasonable excuse, disobey a summons, order or direction under subsection (1) .

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.

(5)  If a person to whom a summons is issued does not appear, the coroner may issue a warrant to apprehend the person.

(6)  If a person is apprehended under a warrant issued under subsection (5) , the coroner may –

(a) commit the person to prison until the inquest or the further hearing of the inquest; or

(b) admit the person to bail; or

(c) orally order the person to appear before the coroner at the time and place to which the inquest in which that person is required as a witness has been adjourned.