Coroners (Amendment) Act 2019

Power with respect to taking of evidence, etc., at inquest

24. The Principal Act is amended by the substitution of the following section for section 38:

“38. (1) If a coroner considers it necessary for the purposes of the proper conduct of an inquest, the coroner may—

(a) direct the taking of an oath or affirmation by any witness,

(b) direct a witness to answer questions,

(c) direct the production by any person of any document, article, substance or thing in his or her possession or under his or her power or control,

(d) inspect, copy and keep for such period as the coroner considers necessary any document, article, substance or thing produced at the inquest, or

(e) give any other direction that the coroner considers necessary.

(2) Where a person fails or refuses without reasonable excuse to comply with a direction under subsection (1), the High Court may on application to it in that behalf by a coroner—

(a) order the person to comply with the direction, and

(b) make such other order, if any, as it considers necessary and just to enable the direction to have full effect.

(3) A witness at an inquest shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(4) Any person who gives evidence to an inquest knowing it to be false or misleading shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.”.