48Coronial proceedings may be conducted with jury only if State Coroner directs

48 Coronial proceedings may be conducted with jury only if State Coroner directs

48 Coronial proceedings may be conducted with jury only if State Coroner directs

(cf Coroners Act 1980, ss 18 and 28)

(1) Coronial proceedings are to be conducted without a jury, except as provided by subsection (2).

(2) An inquest or inquiry is to be held before a coroner with a jury if the State Coroner directs it.

(3) The State Coroner may direct that an inquest or inquiry be held before a coroner with a jury only if—

(a) the State Coroner is to act as the coroner for the inquest or inquiry, and

(b) the State Coroner considers that there are sufficient reasons to justify the inquest or inquiry being held with a jury.

(4) An inquest or inquiry that would, but for this subsection, be held before a coroner and a jury at a place that is not a place for which a jury district is constituted under the Jury Act 1977 is to be held at the nearest place for which there is a jury district constituted.

(5) The State Coroner must notify the Sheriff of the need for a jury for an inquest or inquiry as soon as practicable after the State Coroner gives a direction under this section that the inquest or inquiry is to be held before a jury.