Coroners (Amendment) Act 2019
|
Directions of High Court | ||
|
36. The Principal Act is amended by the insertion of the following section after section 61 (inserted by section 35 ): | ||
“62. (1) A coroner may, whenever he or she considers it appropriate to do so, apply to the High Court for directions on a point of law regarding the performance of his or her functions under this Act in relation to the death of any person. | ||
(2) The High Court shall determine an application under subsection (1) by giving such directions and making such orders as it considers appropriate. | ||
(3) The High Court may, on application to it in that behalf, hear an application under subsection (1) otherwise than in public if satisfied that it is appropriate to do so because of— | ||
(a) the subject matter in relation to which directions are sought, | ||
(b) a risk of prejudice to criminal proceedings, or | ||
(c) any other matter relating to the nature of the evidence to be given at the hearing of the application. | ||
(4) The High Court shall give such priority as it reasonably can, having regard to all of the circumstances, to the disposal of proceedings in the Court under this section. | ||
(5) An appeal shall lie by leave of the High Court to the Court of Appeal from a determination of the High Court of an application under subsection (1). | ||
(6) The Superior Court Rules Committee may, with the concurrence of the Minister, make rules of court to facilitate the giving of effect to subsection (4).”. |