80Procedure at inquest if finding that person did not die

80 Procedure at inquest if finding that person did not die

80 Procedure at inquest if finding that person did not die

(cf Coroners Act 1980, s 21)

(1) If, at any time during the course of an inquest concerning the death or suspected death of a person, it appears to the coroner from the evidence that the person has not died—

(a) where there is no jury—the coroner must make a finding that the person has not died and terminate the inquest, or

(b) where there is a jury—the coroner may request the jury to bring in a preliminary verdict as to whether or not the person has died.

(2) The following provisions apply when a preliminary verdict is brought in by a jury following a request by the coroner referred to in subsection (1)(b)—

(a) if the verdict of the jury is that the person has not died—the coroner must terminate the inquest and discharge the jury,

(b) if the verdict of the jury is that the person has died or that it is uncertain whether the person has died—the inquest is to be resumed.

(3) If a coroner terminates an inquest under this section, the coroner must record in writing the coroner’s findings or, if there is a jury, the jury’s verdict.