Authorisation of Persons to Conduct Inquests.

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A decision made (14/12/2006) regarding Inquests: Authorisation of Persons to Conduct Inquests.

Subject:	Inquests: Authorisation of Persons to Conduct Inquests
Decision Reference:	MD-C-2006-0057		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	n/a
Written report – Title	Draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-
Written report – Author (name and job title)	Jeremy Harris, Policy Adviser
Decision(s): To approve a draft law, entitled the draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-. The purpose of this draft Law is to provide greater flexibility for the conduct of inquests by empowering the Viscount to authorise not just the Deputy Viscount, but any other person (whether or not an officer of the Viscount’s Department) who is approved by the Bailiff to discharge the Viscount’s function of conducting a particular inquest or inquests generally.
Reason(s) for decision: (1) It is considered desirable that there should be greater flexibility for the authorisation of persons to conduct inquests. The current arrangements for the designation of a relief coroner are felt to be cumbersome, and are ill-suited to cater for situations such as a disaster involving many casualties.
Action required: JH to arrange with the States Greffe for the draft law to be lodged ‘au Greffe’ for consideration by the States on 30th January 2007.
Signature: Chief Minister		Date of Decision: 14th December 2006

Authorisation of Persons to Conduct Inquests.

REPORT TO CHIEF MINISTER

Draft Departments of the Judiciary and the Legislature

(Amendment No. 4) ( Jersey ) Law 200-

Introduction:

The Chief Minister is asked to approve the draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-, the purpose of which is to provide greater flexibility for the conduct of inquests by empowering the Viscount to authorise not just the Deputy Viscount, but any other person (whether or not an officer of the Viscount’s Department) who is approved by the Bailiff to discharge the Viscount’s function of conducting a particular inquest or inquests generally.

Background:

The present-day powers of the Viscount to hold an inquest are contained in the Inquests and Post-mortem Examinations (Jersey) Law 1995. However, Article 9(5) of the Departments of the Judiciary and the Legislature (Jersey) Law 1965 – which this draft Law would amend – provides that only the Viscount or the Deputy Viscount may conduct an inquest. This means that, when a relief coroner is required, he or she has to be sworn-in as a Viscount Substitute and then technically assume office as an Acting Deputy Viscount for the appointment to fall squarely within the Article. This is a cumbersome process ill-suited to cater for situations such as a disaster involving many fatalities.

The purpose of the draft Law is to provide flexibility by empowering the Viscount to authorize not just the Deputy Viscount, but any other person (whether or not an officer of the Viscount’s Department) who is approved by the Bailiff to discharge the Viscount’s function of conducting a particular inquest or inquests generally.

This proposal does not have any resource implications, as confirmed below –

Financial: Nil

Manpower: Nil

Property: Nil

ICT: Nil

Law Drafting: Nil (the draft legislation has already been drafted and is attached to this report).

The draft Law has been considered by the Legislation Advisory Panel and it has their support. The Panel’s recommendation to the Chief Minister is that it should be approved and lodged ‘au Greffe’ for consideration by the States.

Recommendation:

It is recommended that the Chief Minister should approve the draft Law and agree that it be lodged ‘au Greffe’ for consideration by the States on 30th January 2007.

Jeremy Harris,

Policy Adviser

13th December 2007