77Re-opening an investigation or setting aside a finding

77 Re-opening an investigation or setting aside a finding

(1) A person may apply to the Coroners Court for an order that some or all of the findings of a coroner after an investigation (whether or not an inquest has been held) should be set aside.

S. 77(2) substituted by No. 48/2018 s. 9(2).

(2) The Coroners Court, if satisfied that there are new facts and circumstances that make it appropriate to do so, may order that—

(a) some or all of the findings be set aside without re-opening the investigation; or

(b) some or all of the findings be set aside and the investigation be re-opened.

S. 77(3) substituted by No. 48/2018 s. 9(3).

(3) For the purposes of this section—

(a) "findings of a coroner" includes findings—

(i) under the Coroners Act 1958 of a person who was a coroner under that Act, despite the repeal of that Act; and

(ii) under the Coroners Act 1985 of a person who was a coroner under that Act, despite the repeal of that Act; and

(b) "investigation" and "inquest" includes an investigation or an inquest (as the case requires)—

(i) under the Coroners Act 1958 despite the repeal of that Act; and

(ii) under the Coroners Act 1985 despite the repeal of that Act.

S. 77(4) substituted by No. 48/2018 s. 9(3).

(4) If the Coroners Court under subsection (2)(b) sets aside findings and re-opens an investigation referred to in subsection (3), the investigation is to be conducted as an investigation under this Act.

S. 77(5) inserted by No. 48/2018 s. 9(3).

(5) Unless the specified circumstances in subsection (6) apply, a person must not apply to the Coroners Court under subsection (1) if an application based on the same, or substantially the same, grounds or evidence had been made and—

(a) in the case of an application to the Supreme Court under section 10 of the Coroners Act 1958, the Supreme Court refused to make an order under section 10 of that Act in relation to that application; or

(b) in the case of an application to the Supreme Court under section 59 of the Coroners Act 1985, the Supreme Court refused to make an order under section 59 of that Act in relation to that application; or

(c) in the case of an application to the State Coroner (within the meaning of the Coroners Act 1985) under section 59A of that Act, the State Coroner refused to make an order under section 59A of that Act in relation to that application; or