Review of the Coroner Service - The Department of Justice and ...

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APPENDICESA hospital pathologist will not normally carry outa post-mortem where the circumstances of deathare questionable or suspicious or overtly homicideas in such cases the State Pathologist is calledupon.3.3 PRESERVATION OF MATERIAL ANDRECORDS• pathologists carrying out a post-mortem are tomake provision to preserve material which intheir opinion, bears upon the cause of death• the relevant records of the case are also to bemaintained• suggested material and records to bemaintained include the following:- Exhibits- Notes- Post-mortem report- Toxicology report- Organs (until no longer required)- Blocks and slides• the periods for how long material and recordsshould be kept should be identified by theRules Committee.3.4 ORGANS AND BODY PARTS:REMOVAL, RETENTION ANDDISPOSAL• coroner’s legal entitlement to remove andretain• clarification of circumstances and proceduresfor removal, retention and disposition3.5 THE POST-MORTEM REPORT• the pathologist must submit the report to thecoroner• families have a right to see the pathologist’sreport if no inquest will take place. Due to thenature of the contents, it would be preferableto have the report forwarded to their GP forexplanation• a post-mortem report be standardised• copy of the post-mortem report should, onrequest from the coroner, be made available tothe Gardaí.Part 4. Special Examinations4.1 AUTHORISATION FOR A SPECIALEXAMINATIONThe coroner can directly request the Statepathologist to undertake a post-mortem.Note: Where the circumstances of a death arequestionable, may be suspicious, are suspicious, orwhere a body is found with unexplained marks orinjuries etc, it is desirable to have a forensic postmortem.Part 5. Interim Certificate of Death5.1 CRITERIA GOVERNING THE ISSUINGOF A “FACTOF DEATH” CERTIFICATECriteria governing the issuing of a fact of deathcertificate (interim coroners certificate)Part 6. Inquests6.1 WHEN SHOULD A CORONER BEDISQUALIFIED FROM HOLDING ANINQUEST?• when there has been a professionalrelationship with the deceased• when there is a professional relationship withan interested person or witness, such as adoctor in the same practice or hospital forinstance.155
APPENDICES6.2 CIRCUMSTANCES WHEREFLEXIBILITY OF JURISDICTION AREREQUIRED• to ensure concurrent jurisdiction betweencoroners and deputies• to provide for agreed jurisdiction in caseswhere death occurs in different jurisdictionsarising from the same incident• where the deputy coroner may also bedisqualified or compromised or is otherwiseunable to conduct the inquest.6.3 NOTICE OF AN INQUEST• a minimum period of adequate notice shouldbe introduced in the rules with procedures toensure this to be defined. A process should beintroduced for giving advance warning whendealing with adjournments6.4 CIRCUMSTANCES WHEN A JURYMUSTBE USED• all existing situations except for road trafficaccidents• all other enactment’s which require juries atinquest should be reviewed.6.5 EMPANELLING THE JURYProcedures to be defined for empanelling juries,in accordance with the Juries Act, 1976.6.6 RECORDS TO BE KEPTThe following records should be kept:• depositions• maps• photographs• expert reports• copy hospital notes or notes extract• post-mortem report• toxicology reports• verdicts• recommendations• copy of Coroners Certificate• other.6.7 TAKING DOCUMENTARY EVIDENCEATINQUESTDefine procedures for taking documentaryevidence at inquest.6.8 REQUESTING DOCUMENTARYEVIDENCE ATINQUESTThe coroner is allowed to admit non-contentiousdocumentary evidence in accordance with certainprocedures. Define these procedures.6.9 CORONER’S DISCRETION FOR NON-RELEASE OF DOCUMENTS BEFOREINQUESTA coroner should release all documents to“interested parties” except in certaincircumstances. Define the exceptions.In certain circumstances of death, documents will,by the nature of things, be accessible tointerested persons in advance e.g. a legalrepresentative of a hospital board would haveprior access to certain records relating to ahospital death.6.10 WITNESS ANONYMITYWitness anonymity may be granted in thefollowing circumstances:• if there is a threat to the personal security of aGarda or member of the Defence Forces• if there is a threat to the personal security toany witness, or to their family• if there is a threat to national security.156
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Reviewof theCORONER SERVICEReport o
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AcknowledgmentsThe Group wish to ac
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3 Issues and Responses . . . . . .
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Terms of ReferenceTéarmaí Tagarth
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EXECUTIVE SUMMARYISSUES (CONT.)RESP
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EXECUTIVE SUMMARYISSUES (CONT.)RESP
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LIST OF RECOMMENDATIONS3.2 THE POSI
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LIST OF RECOMMENDATIONS25. As far a
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LIST OF RECOMMENDATIONSwhenever it
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LIST OF RECOMMENDATIONSfrivolous or
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LIST OF RECOMMENDATIONS• producin
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1BACKROUND AND HISTORY21
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1. BACKROUND AND HISTORY1.1 ESTABLI
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BACKROUND AND HISTORYcase loads var
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BACKROUND AND HISTORYoccurring sudd
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2. INTERNATIONAL PRACTICE AND EXPER
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INTERNATIONAL PRACTICE AND EXPERIEN
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3.1 INTRODUCTION . . . . . . . . .
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ISSUES AND RESPONCESensure that cor
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ISSUES AND RESPONCESIn order to mee
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ISSUES AND RESPONCESRECOMMENDATIONS
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ISSUES AND RESPONCESFig. B* Points
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ISSUES AND RESPONCESin the context
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ISSUES AND RESPONCESResponsibility
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ISSUES AND RESPONCESprotection to v
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ISSUES AND RESPONCEScycle of corone
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ISSUES AND RESPONCESconsidered by t
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ISSUES AND RESPONCESInquest adjourn
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ISSUES AND RESPONCESRECOMMENDATION6
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ISSUES AND RESPONCESthe system come
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ISSUES AND RESPONCESIn summary, the
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ISSUES AND RESPONCES• that the is
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ISSUES AND RESPONCESat the same lev
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ISSUES AND RESPONCES• be in a pos
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ISSUES AND RESPONCESEstablishing a
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ISSUES AND RESPONCES• preparation
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ISSUES AND RESPONCESobjectives set
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IMPLEMENTATION• The availability
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5APPENDICES91
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APPENDIX AGROUP AND SUBGROUP MEMBER
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APPENDIX BPUBLIC ADVERTISEMENT FOR
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APPENDICESIrish Association for Cou
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APPENDIX DGUIDE TO THE 1962 CORONER
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APPENDICESPart II - Sections 6 to 1
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APPENDICESSection Heading Sub-secti
Page 114 and 115: APPENDICESPart III - Sections 17 to
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Page 126 and 127: Section1. Short title and commencem
Page 128 and 129: APPENDICESNumber 9 of 1962.CORONERS
Page 130 and 131: APPENDICESsection in like manner as
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Page 134 and 135: APPENDICES14.-(1) No person shall b
Page 136 and 137: APPENDICESor misconduct or malpract
Page 138 and 139: APPENDICES(2) Whenever an inquest i
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Page 144 and 145: APPENDICES45.-An inquest which has
Page 146 and 147: APPENDICES51.-The power conferred b
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Page 150 and 151: APPENDIX FLIST OF OTHER RELEVANT LE
Page 152 and 153: APPENDICES(B)Mr. Thomas Francis Gre
Page 154 and 155: APPENDICES(C)Dr. Brian Farrell, Dub
Page 156 and 157: APPENDICES(D)Mr. Denis Desmond & MC
Page 158 and 159: APPENDIX HLIST OF CORONER DISTRICTS
Page 160 and 161: APPENDICESDistrict Deaths reported
Page 162 and 163: APPENDICESNotes for assistance of R
Page 166 and 167: APPENDICES6.11 PROTOCOLS FOR EXAMIN
Page 168 and 169: APPENDIX KDRAFT FORM FOR INCLUSION
Page 170 and 171: APPENDICESPart II To be completed a
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