HL Deb 04 June 1918 vol 30 cc71-3

Amendments reported (according to Order).

Clause 7:

Power to hold coroner's inquest without jury.

7.—(1) Subject to the provisions of this section, a coroner within whose jurisdiction the dead body of a person is lying, if he is satisfied that having regard to all the circumstances of the case it. is proper so to do, may, in lieu of summoning a jury in manner required by section three of the Coroners Act, 1887, for the purpose of inquiring into the death of that person, hold an inquest on the body without a jury:

Provided that—

  1. (a) the foregoing provision shall not apply in any case in which the death has occurred in prison or in such place or under such circumstances as to require an inquest under any Act other than the Coroners Act, 1887; and
  2. (b) if before procding to hold an inquest or in the course of holding an inquest without a jury there appears to the coroner to be any reason for summoning a jury he may, and if there appears to him to be any reason to suspect that the deceased came by his death by murder or manslaughter, he shall proceed to summon a jury in the manner required by the Coroners Act, 1887.

(2) The proceedings and the procedure at an inquest or at any part of an inquest which is held without a jury shall b[...] such as the coroner thinks fit, and the inquisition on an inquest which, o[...] any part of which, is held without a jury shall be in such form as the Lord Chancellor may prescribe, and, where the whole inquest is held without a jury, shall be under the hand of the coroner alone.

(3) Where an inquest or any part of an inquest is held without a jury anything done at the inquest or at that part of the inquest by or before the coroner alone shall be as validly done as if it had been done by or before the coroner and a jury.

LORD PARMOOR

I move to omit from Clause 7 the present subsection (2), and to substitute a new subsection. The Amendment has been placed upon the Paper, but after consultation with the noble and learned Lord on the Woolsack I propose to move it in a slightly amended form. I propose that the subsection should run: "The procedure at an inquest, or at part of an inquest, which is held without a jury shall be in accordance with existing practice and with the provisions of the Coroners Act, 1887, subject to such modifications as are rendered necessary by the absence of a jury or as the Lord Chancellor may prescribe. The inquisition on an inquest which, or any part of which, is held without a jury shall be in such form as the Lord Chancellor may prescribe, and where the whole inquest is held without a jury the inquisition shall be under the hand of the coroner alone." I think that in this form the procedure for holding an inquest without a jury would be satisfactory.

Amendment moved—

Clause 7, page 4, line 18, leave out subsection (2) and insert the following new subsection: (2) The procedure at an inquest, or at any part of an inquest, which is held without a jury shall be in accordance with existing practice and with the provisions of the Coroners Act, 1887, subject to such modifications as are rendered necessary by the absence of a jury or as the Lord Chancellor may prescribe. The inquisition on an inquest which, or any part of which, is held without a jury shall be in such form as the Lord Chancellor may prescribe, and where the whole inquest is held without a jury the inquisition shall be under the hand of the coroner alone."—(Lord Parmoor.)

THE LORD CHANCELLOR (LORD FINLAY)

My Lords, with the alteration mentioned by my noble and learned friend I think the Amendment is improved. The words which he has introduced preserve the existing practice except so far as it is necessary that it should be modified. I understand that the great part of the practice at inquests is not really governed so much by Statute Law as by practice which has grown up in the course of a great many generations. Accordingly it is a great improvement in my judgment upon the Amendment on the Paper that there should be inserted a reference to the existing practice as well as to the provisions of the Coroners Act, 1887. Certain, modifications be obviously rendered necessary by the fact that there is no jury, but wider the direction of the words which my noble friend has read the coroner will be able to deal with them. There may be other cases where it is clear that a change is necessary in the absence of a jury, and circumstances may render it desirable that this new power should be conferred. The power is conferred by tire words in the alternative giving the bird Chancellor power to prescribe these alterations. The proposal is to substitute for the present subsection (2) the words which my noble and learned friend has read and I hope your Lordships will agree to their insertion.

On Question, Amendment agreed to.