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Jervis on Coroners
Jervis on Coroners
13th Edition
Practice Area:  Coroners
ISBN:  9781847031143
Published by:  Sweet & Maxwell
Publication Date:  22 Sep 2014
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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THE DEFINITIVE WORK ON CORONERS’ LAW AND PRACTICE

Jervis on Coroners is the definitive work on coroners’ law and practice. It offers complete guidance on the legal system influenced by diverse government bodies, local authorities, the police, the Home Office, the Department of Health and the Ministry of Justice.

Jervis takes you step by step through the legal principles, procedure and practice that are involved before, during and after a coroner’s investigation or an inquest. Every aspect is covered, from basic practice and procedure through to the more complex areas of homicide, notifiable accidents and prescribed diseases, treasure, and disasters.

Author Paul Matthews's in-depth knowledge and expertise ensures that this vast and complex area of the law is clear and understandable. The text is enhanced by comprehensive annotation, detailed footnotes and helpful advice, including suggestions for further reading.

  • Brings together all the relevant materials and legislation, procedure, rules and practice in one comprehensive product
  • Offers complete guidance on this increasingly important part of the legal system
  • Follows a logical structure
  • Covers every angle in depth
  • Recommended reading for coroners, practising solicitors and barristers, local government officials, medical examiners and police.
  • Useful mini contents list at the beginning of each chapter to assist with navigation
  • Provides reader with extensive knowledge of all aspects of coroners’ work

WHAT’S NEW?

The new edition:

  • Takes into account the repeal of the old Coroners Act 1988 and Coroners Rules 1984, and the coming into force of:
    • the Coroners and Justice Act 2009, Part I, and the accompanying secondary legislation
    • the Coroners (Inquests) Rules 2013
    • the Coroners (Investigations) Regulations 2013
    • the Coroners Allowances Fees and Expenses Regulations Rules 2013
    • all the transitional and transitory provisions
  • Fully digests the abundant caselaw available as of 1 May 2014, and adds further reference to new material as at July 2014
  • Contains updated Appendices of relevant statutory material and forms and precedents
  • Includes new chapters on Medical Examiners, Territorial Jurisdiction, Scope of the Investigation and Publicity and Information
  • Provides a new Appendix containing useful website addresses
  • Includes broader insight of the ECHR and its impact on coroners in the Human Rights chapter
  • Contains expanded treatment of Republic of Ireland, Northern Ireland, Australia, New Zealand, Isle of Man, Hong Kong. Jersey, France, Germany as well as new sections on Gibraltar, Guernsey, Malta, Poland in the Comparative Law chapter


CONTENTS

PART I
THE OFFICE OF CORONER

Chapter 1. General Introduction
Context
Early history
Status and Position of Coroners
The Coroner’s Inquiry
Other Functions
Relations with Central Government
Human Rights

Chapter 2. The Office of Coroner
Classification of Coroners
Appointment
Terms of Appointment: The Chief Coroner
Senior, Area and Assistant Coroners: Terms of Appointment

Chapter 3. Medical Examiners
Introduction
Appointment
Functions
National Medical Examiner

Chapter 4. The Territorial Jurisdiction of Coroners
Territorial Jurisdiction
Extra-Territorial Jurisdiction

 

PART II
THE INVESTIGATION

Chapter 5. Beginning the Investigation
Basis of Coronial Jurisdiction
What Amounts to a Body
Jurisdiction without a Body Duty to Report Death
Certificate of Cause of Death
Deaths Associated with Operations or Anaesthesia
Doctor’s Knowledge of Criminal Acts
Registrar’s Report to Coroner
Other Reports to Coroner
Report to Registrar
Other Reports
Coroner’s Enquiries
Violent or Unnatural Deaths
Sudden Death of which the Cause is Unknown
Death in Custody or State Detention
Deaths Outside England and Wales
Deaths Involving Visiting Forces
State and Diplomatic Immunity
Concurrent Jurisdiction
Refusal to Hold an Inquest

Chapter 6. The Scope of the Investigation
Introduction
The Four Questions
The Effect of the Human Rights Act 1998

Chapter 7. Information and Publicity
Context
Publicity
Coroner’s Powers to Obtain Information
Disclosure of Information
Data Protection
Freedom of Information
Copyright
Privilege

Chapter 8. Coroner’s Powers Before Inquest
Reference to Coroner
Exhumation
Possession and Release of Body
Preliminary Inquiries
The Investigation
Post-Mortem Examinations
After the Examination
Anatomical Organ Transplants
Examination
Human Gametes

Chapter 9. Disposal of Human Remains
Possession of a Body
Disposal of a Body
Removal of Bodies out of England and Wales

PART III
THE INQUEST

Chapter 10. The Inquest: Preliminaries
Status of the Court
Opening and Adjourning the Inquest
Time of Inquest
Place of Inquest
Notice of Inquest
Summoning Witnesses
Joinder of Inquests
Summoning a Jury
Legal Aid
Preparation for the Hearing
Compulsory Suspension of Investigation and Adjournment of Inquest
Pre-Inquest Review

Chapter 11. Procedure at the Inquest: Part I
Holding/Resuming the Inquest
Publicity
The Jury
Composition of the Bench
Counsel to the Inquest
Views
Adjournment of the Inquest
Representation and Advocacy
Application by Interested Persons
Reporting Restrictions
Contempt of Court

Chapter 12. Procedure at the Inquest: Part II
Witnesses
Evidence
Documentary Evidence
Admission of Documents
Other Procedural Matters

Chapter 13. Determination and Record of Inquest
Determination and Findings
Jury Cases
Record of Inquest
Closing the Inquest
Reports to Prevent Future Deaths

PART IV
SPECIAL CASES

Chapter 14. Homicide
The Practice in Homicide Cases
Initial Inquiries
Post-Mortem Examination
Procedure Following Post-Mortem Examination
Holding the Inquest
The law of Homicide in Outline
Participation in crime

Chapter 15. Notifiable Accidents and Prescribed Diseases
General
Notifiable Accidents and Occurrences
Agricultural Accidents
Injury in the Course of Employment
Notifiable Diseases
Industrial Diseases
Other Reportable Diseases

Chapter 16. Treasure
Medieval Definition
The Treasure Act 1996
Codes of Practice and Reports
Jurisdiction of the Coroner
The Coroner’s Powers and Duties
Disclaimer
Function of an Inquest into Treasure
Evidence and Procedure
Verdict
Modern Application

Chapter 17. Major Disasters
Introduction
Cadre of DVI Coroners
Contingency Planning
Mortuary and Other Facilities
The Course of the Inquiry
Pathology
Costs
Coordination with Other Inquiries
Holding the Inquest
Multiple Deaths by Homicide

PART V
AFTER THE INQUEST

Chapter 18. Matters After the Inquiry
Functus officio
Post-Inquiry Duties
Other Returns
Fees, Allowances and Expenses
Access to Documents and Information
General Administrative Matters

Chapter 19. Appeals
Introduction
Statutory Power
Judicial Review
Costs
Appeals to the Court of Appeal
Residual Common Law Powers
Funding of Legal Services
Consequences

Chapter 20. Further Proceedings

PART VI
THE INTERNATIONAL DIMENSION

Chapter 21. Coroners and Human Rights
Introduction
The Right to Life
The Right to a Fair Hearing
The Right to Respect for Private and Family Life
The Right to Freedom of Religion and Belief
The right to Freedom of Expression
Other Miscellaneous Rights

Chapter 22. Comparative Death Inquiry Law
Introduction
Common Law Systems
Mixed Jurisdictions
Civilian Systems
Conclusion

PART VII
APPENDICES

Appendix 1. Statutes and Statutory Extracts
Appendix 2. Statutory Instruments
Appendix 3. Forms
Appendix 4. Precedents for Judicial Review
Appendix 5. Death
Appendix 6. Forensic Medicine and Pathology
Appendix 7. Useful Websites

 

CONTRIBUTOR INFORMATION

Paul Matthews, B.C.L. (Oxon), LL.D. (Lond.) is a Solicitor Advocate (Higher Courts: Civil) at Withers LLP and is HM Senior Coroner for the City of London. He is also a part-time Professor at Kings College, London, a county court recorder and a deputy chancery master. He has written for Sweet and Maxwell for many years in both Jervis on Coroners and Matthews and Malek on Disclosure. 

Consultant editors: (1) Selena Lynch, HM Senior Coroner for South London, (2) Michael Burgess, former coroner for Surrey and the Royal Household and secretary of the Coroners’ Society, and now assistant coroner for Surrey Berkshire West Sussex and Norfolk, and (3) Roy Palmer, former senior coroner for South London and now assistant coroner for the City of London.

 

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