ACTIn ForceAct
Coroners Act 1997
58AWhen inquest or inquiry may proceed—s 58
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58A When inquest or inquiry may proceed—s 58
(1) For section 58 (3) or (5), the coroner may proceed with the inquest or
inquiry—
(a) if a prosecution is not started on or before the day after the day
that is 3 months after the day the coroner—
(i) gave notice to the director of public prosecutions under
section 58 (3) (a); or
(ii) received notice from the director of public prosecutions
under section 58 (4) (a); or
(b) on a day after—
(i) the day the director of public prosecutions gives notice to
the coroner that—
(A) no indictment is to be presented in relation to the
related indictable offence; or
(B) if an indictment was presented in relation to the
offence—the director of public prosecutions has
discontinued or intends to discontinue the proceeding
started by the indictment; or
(ii) if the person is not committed to stand trial for the offence
(the person is discharged), and is not indicted for the
offence by the director of public prosecutions or the
Attorney-General within 28 days after the day the person
is discharged—30 days after the day the person is
discharged; or
(iii) if the person is committed for trial or indicted for the
offence—the day after the day the director of public
prosecutions gives notice to the coroner that the proceeding
for the offence has been finally decided; or
(iv) if the person is found guilty of the offence, and the director
of public prosecutions has not given notice under
subparagraph (iii) that the proceeding for the offence is
finally decided—30 days after the proceeding is finally
decided.
(2) A coroner may continue an inquest or inquiry after the day mentioned
in subsection (1), 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 for the related indictable offence.