Australian Capital Territory Numbered Acts

CORONERS ACT 1997 (NO. 57 OF 1997) - SECT 58

58. (1) If, during the course of holding an inquest or inquiry, a Coroner has reasonable grounds for believing that, having regard to the evidence given at an inquest or inquiry, a person has committed an indictable offence, the Coroner—

        (a)     shall, by written notice, inform the Director of Public Prosecutions; and

        (b)     shall not proceed further with the inquest or inquiry until the date ascertained in accordance with subsection (4).

(2) In determining whether to inform the Director of Public Prosecutions or not to proceed further with an inquest or inquiry, the Coroner shall have regard to—

        (a)     the admissibility at trial of the evidence given at the inquest or inquiry on which the Coroner bases his or her opinion that the Director of Public Prosecutions should be informed; 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 give evidence in connection with the alleged offence.

(3) If, during the course of holding an inquest or inquiry—

        (a)     the Director of Public Prosecutions, by written notice, informs the Coroner holding the inquest or inquiry that an information is to be laid or presented charging a person with an indictable offence in relation to the death of a person the subject of the inquest or the matter the subject of the inquiry; or

        (b)     the Attorney-General lays or presents an information against the person;

the Coroner shall not proceed further with the inquest or inquiry until the date ascertained in accordance with subsection (4).

(4) For the purposes of subsections (1) and (3), the Coroner may proceed with the inquest or inquiry—

        (a)     if a prosecution is not instituted on or before the day after the day that is 3 months after—

              (i)     the day the Coroner issued the written notice required to be given to the Director of Public Prosecutions under paragraph (1) (a); or

              (ii)     receipt of a written notice provided to a Coroner under paragraph (3) (a); or

        (b)     on a day after—

              (i)     the day on which the Director of Public Prosecutions gives notice to the Coroner that—

(A)     no information is to be laid or presented in relation to the alleged offence; or

(B)     the Director of Public Prosecutions has discontinued or intends to discontinue proceedings in respect of the information;

              (ii)     if the person is committed or indicted to take his or her trial for the alleged offence, the day after the day on which—

(A)     the Director of Public Prosecutions gives notice to the Coroner that all proceedings in respect of an information laid or presented are finally determined; or

(B)     the Director of Public Prosecutions gives notice to the Coroner that proceedings in respect of the information have been or will be discontinued;

              (iii)     if the person is not so committed or indicted—the day after the day on which the person is discharged; or

              (iv)     the day 30 days after the expiration of the period within which an appeal may be filed in the Supreme Court, Federal Court or High Court.

(5) A Coroner may continue an inquest or inquiry after the relevant day referred to in subsection (4), but shall not make a finding which is inconsistent with the judgment or verdict of the Court which finally determined the guilt or innocence of the person charged.

(6) A Coroner shall not continue with the holding of an inquest or inquiry if satisfied that the inquest or inquiry should not be continued.

Division 6—General powers of Coroners