78Procedure at inquest or inquiry involving indictable offence

#### 78 Procedure at inquest or inquiry involving indictable offence 78 Procedure at inquest or inquiry involving indictable offence (cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), s 19) > > (1) This section applies in relation to any of the following inquests or inquiries— > > > > > (a) an inquest or inquiry held by a coroner to whom it appears (whether before the commencement or during the course of the inquest or inquiry) that— > > > > > > > (i) a person has been charged with an indictable offence, and > > > > > > > (ii) the indictable offence raises the issue of whether the person caused the death, suspected death, fire or explosion with which the inquest or inquiry is concerned, > > > > > (b) an inquest or inquiry if, at any time during the course of the inquest or inquiry, the coroner forms the opinion (having regard to all of the evidence given up to that time) that— > > > > > > > (i) the evidence is capable of satisfying a jury beyond reasonable doubt that a known person has committed an indictable offence, and > > > > > > > (ii) there is a reasonable prospect that a jury would convict the known person of the indictable offence, and > > > > > > > (iii) the indictable offence would raise the issue of whether the known person caused the death, suspected death, fire or explosion with which the inquest or inquiry is concerned. > > > (2) If this section applies to an inquest or inquiry as provided by subsection (1)(a), the coroner— > > > > > (a) may commence the inquest or inquiry, or continue it if it has commenced, but only for the purpose of taking evidence to establish— > > > > > > > (i) in the case of an inquest—the death, the identity of the deceased person and the date and place of death, or > > > > > > > (ii) in the case of an inquiry—the date and place of the fire or explosion, and > > > > > (b) after taking that evidence (or if that evidence has been taken), must suspend the inquest or inquiry and, if there is a jury, must discharge the jury. > > > (3) If this section applies to an inquest or inquiry as provided by subsection (1)(b), the coroner may— > > > > > (a) continue the inquest or inquiry and record under section 81(1) or (2) the coroner’s findings or, if there is a jury, the verdict of the jury, or > > > > > (b) suspend the inquest or inquiry and, if there is a jury, discharge the jury. > > > (4) The coroner is required to forward to the Director of Public Prosecutions— > > > > > (a) the depositions taken at an inquest or inquiry to which this section applies, and > > > > > (b) in the case of an inquest or inquiry referred to in subsection (1)(b)—a written statement signed by the coroner that specifies the name of the known person and the particulars of the indictable offence concerned.