Australian Capital Territory Current Acts

CORONERS ACT 1997 - SECT 58

    (1)     Subsection (3) applies if, during an inquest or inquiry, a coroner has reasonable grounds for believing that, having regard to the evidence given at the inquest or inquiry, a person mentioned at the inquest or inquiry has committed an indictable offence.

    (2)     For subsection (1), the coroner must have regard to—

        (a)     the admissibility at trial of the evidence given at the inquest or inquiry; and

        (b)     whether the director of public prosecutions, or a person who may be affected by the referral to the director of public prosecutions of evidence relevant to the alleged offence, is, or has been, given the opportunity to present or give evidence in connection with the alleged offence.

    (3)     The coroner—

        (a)     must, by written notice, tell the director of public prosecutions about the coroner's belief; and

        (b)     for a related indictable offence—must not proceed further with the inquest or inquiry until the day worked out under section 58A, other than to establish the following facts:

              (i)     for an inquest—the death of a person, the person's identity and the date and place of the person's death;

              (ii)     for an inquiry—the date and place of a fire or disaster.

    (4)     Subsection (5) applies if, during an inquest or inquiry—

        (a)     the director of public prosecutions, by written notice, tells the coroner holding the inquest or inquiry that an indictment will be presented against a person for a related indictable offence in relation to—

              (i)     the death of a person who is the subject of the inquest; or

              (ii)     the matter the subject of the inquiry; or

        (b)     the Attorney-General presents an indictment against the person for a related indictable offence.

Note     Indictment includes information, and "present" an indictment includes lay an information (see Legislation Act

, dict, pt 1).

    (5)     The coroner must not proceed further with the inquest or inquiry until the day worked out under section 58A unless the coroner limits the inquest or inquiry to establishing only the facts mentioned in subsection (3) (b) (i) or (ii).

    (6)     A coroner must not continue holding an inquest or inquiry if satisfied that the inquest or inquiry should not be continued.

    (7)     In this section:

"related indictable offence", in relation to an inquest or inquiry, means an indictable offence that raises the issue of whether a person caused a death, suspected death, fire or disaster the subject of the inquest or inquiry.