Inquests Act

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SECTION
1. Short title.
2. Interpretation.
3. Duty of officer in charge of police station.
4. Duty of police officer to arrange for post-mortem examination in certain cases.
5. Post-mortem examination of body.
6. Report of medical officer, analyst or other competent person.
7. Duty of magistrate on receipt of report.
8. Death of a person in custody.
9. Powers of magistrate.
10. Magistrate may view body.
11. Examination of witnesses.
12. Order of examination.
13. Incriminatory questions.
14. Persons whose conduct may be questioned.
15. Matters to be ascertained at inquest.
16. Opinion of magistrate. 17. Evidence.
18. Evidence and findings to be recorded.
19. Inquest to be normally in public.
20. Powers of Attorney-General.
21. Rules.

"cause of death" includes not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any negligent or unlawful act or omission on the part of any other person;

(b) a person has been killed by another, or by an animal or by machinery or during the course of a fire or by accident; or

(d) a person has died, or has disappeared in circumstances which raise a reasonable presumption that he has died, and the cause of such death or presumed death is not known.

3.-(1) If an officer in charge of a police station receives information that a sudden or unnatural death has occurred, he shall immediately proceed, or shall direct some, other police officer immediately to proceed to make an investigation and shall, subject to and in accordance with the instructions of the Commissioner of Police, report to a magistrate in the form prescribed.
(Amended by 43 of 1968, s.2.)

(2) Such a written report shall be made in accordance with the provisions of subsection (1) notwithstanding the fact that although such information as aforesaid affords reasonable grounds for believing that a death has occurred, it is impossible or impracticable to discover, recover or view the body of such deceased person.

Duty of police officer to arrange for post-mortem examination in certain cases

4.-(1) Every police officer making an investigation under the provisions of section 3 may take or send the body to a Government hospital or other convenient place for the performance of a post-mortem examination of the body by a medical officer.

(2) Where such police officer is of the opinion that no useful purpose would be served by a further examination, he shall make a written report to this effect in writing to a magistrate in the form prescribed.
(Amended by 43 of 1968, s. 3.)

Provided that a police officer of or above the rank of Inspector may order burial of the body.

5.-(1) Upon receiving the information referred to in section 4, a medical officer shall, as soon as practicable, perform a post-mortem examination of the body of the deceased.

(2) The medical officer, if it is necessary in order to ascertain the cause of death, shall extend the examination to the dissection of the body and an analysis of any portion thereof, and may cause any portion thereof to be transmitted to any investigating officer, analyst or other competent person.

(3) If a post-mortem examination is held in pursuance of the provisions of this section or pursuant to an order made under the provisions of subsection, (2) of section 9 or if examination of a body is carried out in pursuance of this Act, the body or remains thereof shall not be buried or reburied, or cremated, as the case may be, except under and in accordance with the order of a magistrate: Provided that a police officer of or above the rank of Inspector may order burial of the body.

(4) The provisions of subsection (3) shall not be interpreted as requiring an order of a magistrate or of a police officer of or above the rank of Inspector to dispose of any portion of a body which may have been sent for examination under this Act to a medical officer, analyst or other competent person, and such portion may, unless a magistrate otherwise orders, be disposed of in such manner as the Permanent Secretary for Health may, by any general or special direction, direct.

6.-(1) A medical officer, analyst or other competent person making a post-mortem examination under any of the provisions of this Act shall draw up a report in the prescribed form of the appearance of the body and of the conclusions which he draws therefrom, and shall certify his opinion as to the cause of death and shall date and sign the report and transmit it to the officer in charge of a police station who shall attach it to the report in the form prescribed under the provisions of section 3.

(2) A medical officer shall without delay forward the original post-mortem cause of death certificate to the Registrar-General after making the post-mortem.

7.-(1) If, upon receiving all necessary reports, a magistrate shall be satisfied, without holding an inquest, as to the cause of death, he shall report to the Attorney-General the cause of death as ascertained to his satisfaction.
(Amended by 43 of 1968, s.4.)

(2) A magistrate may hold an inquest if there is no body available, in any of the circumstances referred to in section 3.

(3) A magistrate shall not hold any inquest under this Act if he has reason to believe that criminal proceedings against any person for having caused the death of the deceased have been, or are about to be, commenced.

(4) In all other cases, the magistrate shall proceed as soon as possible to hold an inquest but may adjourn the inquest sine die if any such criminal-proceedings as aforesaid are commenced.

8. Subject to the provisions of section 7 when any person dies while in the custody of the police, or prison, or whilst in the custody of any public officer, or in any other place specified by the Minister by notice in the Gazette, the officer who has the custody of such person or the person in charge of such prison or such other place, as the case may be, shall forthwith give intimation of such death to a magistrate, and such magistrate or another shall hold an inquest into the cause of death and, for such purpose, may request a police officer to make the investigation and report referred to in section 3.

9.-(1) A magistrate holding an inquest shall have all the powers exercisable by a magistrate in holding a criminal trial under the provisions of the Criminal Procedure Code and shall give at least fourteen days notice of his intention to hold any inquest by the insertion of a notice in the Gazette and a notice, in such languages, as he considers desirable, in such editions of a newspaper published and circulating in Fiji or some part thereof, as he shall think fit.
(Cap. 21.)

(2) A magistrate holding an inquest, if he considers it expedient that the body of the deceased person should be examined by a medical officer in order to discover the cause of death, may, whether a post-mortem examination has been performed under the provisions of section 5 or not, issue an order to a medical officer to perform a post-mortem examination of such body, and may, for such purpose, order it to be exhumed.

10. A magistrate holding an inquest may, if he so desires, view the body of the deceased and may, for that purpose, cause such body to be exhumed.

11.-(1) Any person who in the opinion of the magistrate is a properly interested person shall be entitled to examine any witness at an inquest either in person or by a barrister and solicitor:

Provided that the magistrate shall disallow any question which in his opinion is not relevant or is vexatious, scandalous or oppressive.

(2) If the death of the deceased may have been caused by an injury received in the course of his employment or by an industrial disease, any labour officer or any officer of the Ministry of Labour senior to a labour officer or any person appointed by a trade union to which the deceased at the time of his death belonged shall be deemed to be a properly interested person for the purpose of this section.
(Amended by 46 of 1971, s. 2.)

(3) Any person having an insurable interest in relation to the deceased or any representative of an insurance company which has insured the deceased or his property or any property involved in his death shall also be deemed to be a properly interested person.

12. Unless the magistrate otherwise determines, a witness at an inquest shall be examined first by him and if the witness is represented at the inquest, lastly by his representative.

13.-(1) No witness at an inquest shall be obliged to answer any question tending to incriminate himself.

(2) Where it appears to the magistrate that a witness has been asked such a question he shall inform the witness that he may refuse to answer.

14.-(1) Any person whose conduct is likely in the opinion of the magistrate to be called in question at an inquest, shall, if not duly summoned to give evidence thereat, be given at least four days notice of the date, hour and place at which the inquest will be held.

(2) If the conduct of any person is called in question at an inquest on grounds which the magistrate thinks substantial and which relate to any matter referred to in section 15 and if that person is not present at the inquest and has not been duly summoned to attend or otherwise given notice of the holding of the inquest, the inquest shall be adjourned to enable him to be present, if he so desires.

15.-(1) The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters, and any matters relevant thereto, namely:-

(c) the persons, if any, to be charged with murder, manslaughter, infanticide, causing death by dangerous driving or of being accessories before the fact to such offences, should the magistrate find that the deceased came by his death by murder, manslaughter, infanticide or by dangerous driving;

(2) For the purpose of avoiding doubt it is hereby declared that a finding under paragraph (c) of subsection (1) shall not operate as a committal for trial nor shall such proceedings be deemed to be a preliminary inquiry.

16. The magistrate shall not express any opinion on any matters other than those referred to in section 15:

Provided that nothing in this section shall preclude the magistrate from making a recommendation designed to prevent the recurrence of fatalities similar to that in respect of which the inquest is being held.

17. -(1) Documentary evidence as to how the deceased came by his death shall not be admissible at an inquest unless the magistrate is satisfied that there is good and sufficient reason why the maker of the document should not attend the inquest.

(2) If such documentary evidence is admitted at an inquest, the inquest shall be adjourned to enable the maker of the document to give oral evidence if the magistrate or any properly interested person so desires.

(3) The magistrate shall not be bound by any evidentiary law when holding an inquest but may attach such weight to any evidence as he shall think fit.

18.-(1) Each magistrate holding an inquest shall record the substance of the evidence and shall set out his findings thereon in writing and shall forthwith transmit to the Attorney-General and the Chief Registrar of the Supreme Court, copies of his record of such evidence and findings, certified by him as correct.

(2) The original of such record and findings shall be retained by the clerk to the magistrate's court in which the inquest has been held.
(Substituted by 46 of 1971, s. 3.)

19. The place in which any inquest is held shall be a place open to the public:

Provided that a magistrate conducting an inquest may exclude any particular person or persons at any stage of the inquest from the place in which the inquest is being held, or, on grounds of public policy, may, likewise, exclude the public.

20.-(1) Notwithstanding the provisions of section 7, the Attorney-General may at any time apply to the Supreme Court for an order directing a magistrate to hold an inquest into the cause of and the circumstances connected with, any death occurring in the circumstances specified in section 3 and the magistrate to whom such direction is given shall thereupon proceed to hold an inquest in accordance with the provisions of the order and of this Act.

(2) When the proceedings at any inquest, (whether held pursuant to an order made as aforesaid, or not) have been closed and it appears to the Attorney-General that further investigation is necessary, he may apply to the Supreme Court for an order directing the magistrate or another to re-open the inquest and to make further investigation, and thereupon the magistrate so directed, shall have full power to re-open the inquest and make further investigation, and thereafter to proceed in the same manner as if the proceedings at such inquest had not been closed:

Provided that this subsection shall not apply to any inquest at which a finding of murder, or culpable homicide not amounting to murder, has been returned against any person.

(3) When making an order under this section, the Court may also direct whether the body, if buried, shall or shall not be exhumed.

(4) If it is made to appear to the Supreme Court that it is expedient that an inquest commenced by one magistrate should be continued by another, the Court may, by order, direct both such magistrates accordingly who shall thereupon comply therewith.

21. The Chief Justice may make rules for all or any of the following purposes:-

(a) for regulating the practices and procedure at inquests in relation to matters not provided for in this Act;

(c) for regulating the records to be kept, and the returns to be made, by magistrates exercising functions under this Act;

(d) for the better carrying into effect of the provisions and objects of this Act.

"clerk of the court" includes an assistant clerk of the court or other officer performing or assisting a clerk of the court in his duties.

3.-(1) The report of death to a magistrate under section 3 of the Act shall be filed with the clerk of the appropriate magistrates' court, who shall make the necessary entries in the register kept for that purpose.

(2) Where there are more magistrates than one at the court at which a death report is registered the senior of such magistrates shall arrange which magistrate shall discharge the duties to be performed by a magistrate under the Act.

4.-(1) Every magistrates' court shall keep an indexed register of all deaths reported to any magistrate of that court, and the register shall contain the particulars specified in the First Schedule.

(2) Every magistrates' court shall, in addition, keep an indexed register of all inquests held by any magistrate of that court and the register shall contain the particulars specified in the Second Schedule.

5. Subject to the provisions of the Act and of these Rules, the practice and procedure at inquests shall be governed mutatis mutandis by the provisions of the Criminal Procedure Code relating to trials in magistrates' courts.
(Cap. 21.)

6. Every witness at an inquest shall be examined upon oath or affirmation: Provided that the magistrate may at any time, if he thinks it just and expedient (for reasons to be recorded in the proceedings) take without oath the evidence of any person declaring that the taking of any oath whatever is according to his religious belief unlawful, or who by reason of immature age or want of religious belief ought not in the opinion of the magistrate, to be admitted to give evidence on oath; the fact of the evidence having been so taken being also recorded in the proceedings.

7. Before resuming an inquest adjourned sine die under the provisions of subsection (4) of section 7, of the Act, the magistrate shall give at least seven days' notice of his intention to do so by publishing in the Gazette, and in the newspaper in which under the provisions of subsection (1) of section 9 of the Act the notice of the intention to hold the inquest was inserted, a notice stating the date, time and place at which the adjourned inquest will be held.

8.-(1) An application to the Supreme Court by the Attorney-General under subsection (1) or subsection (2) of section 20 of the Act shall be by originating motion, made ex parte in the first instance, and may be heard by a judge in chambers.

(2) The Supreme Court may at any time after the motion has been filed, either of its own motion or upon application by the Attorney-General, order that any person be joined as a respondent in the proceedings, but no appearance need be entered by any respondent.

(3) The powers of the Supreme Court under subsection (4) of section 20 of the Act may be exercised by a judge in chambers without formal application.

9. The Chief Registrar shall keep an indexed register of every inquest the evidence and findings in which are delivered to him under the provisions of section 18 of the Act and the said register shall contain the particulars specified in the Third Schedule.

10. The Chief Clerk of the Crown Law Office shall, on application and on payment of the prescribed fees, supply to any properly interested person a copy of any depositions or notes of evidence made by the magistrate at an inquest, or of any report of a post-mortem examination or ancillary examination or of any document put in evidence at an inquest, or may, on application and without charge, permit such person to inspect such depositions, report, notes of evidence, or documents.

11.- (1) Where a death has been reported to a magistrate under the provisions of the Act, whether or not an inquest has been held, the clerk of the court of the magistrate's court at which the report is registered shall, on application and on payment of the prescribed fees, supply to any properly interested person a certificate of the cause of death which shall be in the form specified in the Fourth Schedule.

(2) For the purposes of this and rule 10, the prescribed fees shall be the fees for the time being prescribed under the Magistrates' Courts Act in respect of the supply of copies of documents and certification thereof.

12. The forms set out in the Fifth Schedule, with such modifications as circumstances may require, shall be used for the purposes for which they are to be applicable.

	Police File	Date	Particulars of Deceased				Date of	Cause of Death	Inquest No.	Name of Magistrate
Report No.	No.	of Report	Full Name	Address	Age	Sex	Death	(if no inquest held)	(if any)

No.	Death Reports	Particulars of Deceased				Date of	Cause of Death as found	Date of	Name of Magistrate
Inquest	Register No.	Full Name	Address	Age	Sex	Death		Finding

					Index No.
Index No.	Name of Deceased	Magistrates' Court m which Inquest held	Date of Inquest finding	Cause of Death	in Inquests Register of Magistrates'
					Court

I HEREBY CERTIFY that after receiving all necessary reports but without holding an inquest/* and after holding an inquest Mr........................... Magistrate, found as follows:-

Form 1	Section	3	(1)	Report of Sudden or Unnatural Death.
Form 2	Section	4	(1)	Request for Post-Mortem Examination.
Form 3	Section	4	(3)	Magistrate's Order for Burial.
Form 4	Section	4	(3)	Magistrate's Order for Cremation.
Form 5	Section	4	(3)	Police Officer's Order for Burial.
Form 6	Section	6		Report of Medical Officer Making Post-Mortem Examination.
Form 7	Section	7	(1)	Magistrate's Report to Attorney-General.
Form 8	Section	8		Notice of Death of Person in Custody.
Form 9	Section	9	(1)	Summons to Witness.
Form 10	Section	9	(2)	Order by Magistrate to Medical Officer to Perform
				a Post-Mortem Examination.
Form 11	Section	9	(2)	Warrant to Exhume.
Form 12	Section 20			Warrant to Exhume.
Form 13	Section 18			Magistrate's Findings.

1. Name of deceased:
2. Sex:
3. Age:
4. Where born:
5. How long resident in Fiji:
6. Race:
7. If an Indian give the following particulars: Father's name:
8. Date and time of death:
9. Place of death:
10. Supposed cause of death:
11. If death followed illness, state length and nature of illness:
12. If visited by a doctor, when, where and by whom; if not, the reasons why:
13. How was deceased employed before death:
14. Where is the body now lying:
15. Name of person giving first information to police:
16. Date and time information received by police:
17. Where and when was deceased last seen, or known to have been alive:
18. If deceased was married, give the following particulars:-

(d) children in order of birth (names and ages):
19. Names of parents:
20. Names of persons (if any) present at death or during illness:

21. Name of police officer detailed to ascertain full particulars before reporting to the magistrate:
22. Date and time detailed:
23. Describe fully how the body was found, its exact position and whether the face appeared distorted or natural:
24. Was the presence of any poisonous odour detected:
25. Had any vomiting taken place on the dress or bed-clothing:
26. What was the condition of the body:
27. Were there any marks of violence on the body:
28. Are there any circumstances leading to a suspicion of suicide or murder:
29. Date and time report sent to magistrate:
30. How and by whom forwarded:

Having made full inquiries I have the honour to report that there *are/are not suspicious circumstances surrounding the death and that there *are/are not any marks of violence on the body.

tHaving examined the body of the deceased.......................... /*having caused the body of the deceased .................................... to be examined by............ I am of the opinion that no useful purpose would be served by a further examination.

Dated at this day of , 19 Signature......................... Rank ............................ Station...........................

To: The Government Pathologist/* The Medical Officer in Charge of .................

Pursuant to the provisions of section 4 (1) of the Inquests Act, I have caused the body of................ ......................found at about ...... hours on........ at........ to be taken or sent to and I hereby request that a post-mortem examination as authorised by section 5 of the Act be made thereof and that your signed report be forwarded in duplicate to the officer-in-charge of the ......................................... Police Station pursuant to section 6 (1) of the Act.

Signature .................... Rank........................ Station ......................

I....................... , Magistrate, hereby authorise the burial of the body of aged ...... late of .............. who died at ...... on ........... 19.... Dated at........ this ........ day of......, 19....

Subject to compliance with the provisions of the Cremation Regulations I . , . , , , , , , , , , , , , , , , , Magistrate, hereby authorise the cremation of the body of . aged ...... late of.............. who died at......................... on.................... 19 ....

I ........... (rank) of Police, hereby authorise the burial of the body of ....... aged ....... late of .............. who died at ....................... on ........... 1 9 ....

Post-mortem If a histological or bacteriological Pathologist's
Examination examination is to be made, please initial,
Report initial

Post-mortem ordered by:.................................. date ............ Name of deceased:....................................................... Body identified by: ............................ as that of his/her............ named.................................................................. Observers present at examination:.......................................... Date of examination:..................................................... Place where examination performed:........................................ Estimated time of death:..................................................

Apparent age:................................,.......................... Height:................................................................. Rigor mortis............................................................. Nourishment: ........................................................... Clothing: ............................................................... Marks of violence, or identification, e.g., tattoo marks, old scars: ...............

Scalp and skull:.......................................................... Cranial cavity:
Brain, meninges, etc.................................................... Thoracic cavity:
Mouth, tongue, oesophagus larynx, trachea, lungs and pleura................. Pericardum, heart and blood vessels ...................................... Abdominal cavity:.................................
Stomach and contents................................... Peritoneum, intestines and mesenteric glands . . . Liver and gallbladder................................................... Pancreas.............................................................. Spleen................................................................ Kidneys and ureters .................................................... Bladder and urine...................................................... Generative organs...................................................... Are all other organs healthy? ..............................................

Disease or condition directly leading to death(')..................... (a) ................................ due to (or as a consequence of)
Antecedent causes ................ (b) ................................
Morbid conditions, if any, giving rise due to (or as a consequence of) to the above cause stating the underlying condition last .........
Other significant conditions contributing to the death, but not related to the disease or condition causing it(z)

Signature and qualification: ................................................
Address: ................................................................

(') This does not mean the mode of dying, such as, e.g. heart failure, asphyxia, asthenica, etc., it means the disease, injury, or complication which caused death.

Q Conditions which do not in the pathologist's opinion contribute materially to the death should not be included under this heading.

WHEREAS, under the provisions of the Inquests Act, the death of ......... /* a person unknown has been reported to me by ................................. a police officer, and whereas, having received all necessary reports, I am satisfied without holding an inquest as to the cause of death, I hereby report to you the cause of death as ascertained to my satisfaction and I transmit to you herewith all reports and documents in my possession connected with the said matter.

To the Magistrates' Court at ........................................................

Notice is hereby given that a person held in custody/* detention at ............... from the.......... day of..........., 19...., died at on the........ day of..........., 19....

You are hereby summoned to appear before me on ......... day the ......... day of ........ 19 ........ at .... a.m./p. m. at ............ to give evidence at the Inquest in respect of the death of ....... and at the times and on the dates to which the inquest may be adjourned and not to depart therefrom without leave.

I........... make oath and say that I did on the ...... day of .......... 19...., serve a true copy of this Summons on ............ at .........................................

Magistrate or Commissioner for Oaths.* for ..................this ..... day of .......... 19 .......

In pursuance of section 9(2) of the Inquests Act, - (1) ........................ Magistrate, hereby direct you to perform a post-mortem examination of the body of ............................. found at about ........................ hours on ........... at ............. and to report the result thereof to me in writing.

Dated at ........................ this ....................... day of ................ 19 ..........

(insert the names of the person(s) having power of control over the cemetery, or other place in which the body is buried) and to the Commissioner of Police and all Police Officers in Fiji.

WHEREAS I.............. Magistrate, am credibly informed that the body of . has been recently buried in .......... (insert the name of the cemetery or other place in which the body is buried), and -(1) have cause to hold an inquest upon the said body:

PURSUANT therefore to section 9 of the Inquests Act, you are hereby ordered to cause the body of the said ........... to be disinterred in order that a post-mortem examination of the said body may be performed.

(insert the names of the person(s) having power of control over the cemetery, or other place in which the body is buried) and to the Commissioner of Police and all Police Officers in Fiji.

WHEREAS upon the application of the Attorney-General the Supreme Court has ordered that an inquest be held/*re-opened upon the body of ................... recently buried in ................................. (insert the name of the cemetery or other place in which the body is buried) and that the body of the said ........................................................ be exhumed:

PURSUANT therefore to section 20 of the Inquests Act, you are hereby ordered to cause the body of the said .................................. to be disinterred in order that a further inquest upon the said body may be held.
*Delete as applicable.

WHEREAS I....................... Magistrate, have held an inquest at........ on the .......... day of.......... 19..., (and by adjournment on the day of ........... 19.... touching the death of.....................

Registered Death No.	Full Name of the Deceased	Last Known Address	Sex	Age	Place of Death	Date of Death	Cause of Death	Date of Inquest (if held)

Fiji Consolidated Legislation

Inquests Act