NSWIn ForceAct
Coroners Act 2009
48Coronial proceedings may be conducted with jury only if State Coroner directs
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#### 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(cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), ss 18 and 28)
> > (1) Coronial proceedings are to be conducted without a jury, except as provided by subsection (2).
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> > (2) An inquest or inquiry is to be held before a coroner with a jury if the State Coroner directs it.
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> > (3) The State Coroner may direct that an inquest or inquiry be held before a coroner with a jury only if—
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> > > (a) the State Coroner is to act as the coroner for the inquest or inquiry, and
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> > > (b) the State Coroner considers that there are sufficient reasons to justify the inquest or inquiry being held with a jury.
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> > (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](/view/html/inforce/current/act-1977-018) is to be held at the nearest place for which there is a jury district constituted.
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> > (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.