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Come in number 43

04 March 2011 / Louise Smail , Gerard Forlin KC
Issue: 7455 / Categories: Opinion
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Since 1194 when the office of coroner was established, the role and significance of coroners has increased.

Gerard Forlin QC & Louise Smail assess the impact of Rule 43

Since 1194 when the office of coroner was established, the role and significance of coroners has increased. The coroner’s role is an independent judicial officer who investigates sudden, violent, or unnatural death. The verdict must be given in such a way that it doesn’t appear to determine any question of criminal or civil liability. An inquest should not take place until the police have confirmed that there are to be no prosecutions.

However, if in the course of the inquest evidence arises which suggests there ought to be a prosecution, then the coroner is able to refer the matter back to the police and/or director of public prosecutions to reconsider the matter. If there is an unlawful killing verdict, the matter is automatically referred back to the police. In relation to health and safety prosecutions these normally, but not always, are brought

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