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Consolidated Acts of Samoa 2012 |
SAMOA
Arrangement of Provisions
PART I
PRELIMINARY
PART II
FUNCTIONS AND POWERS
OF CORONERS
PART III
THE INQUEST
PART IV
INQUIRIES CONCERNING
FIRES
PART V
MISCELLANEOUS
1959 ......No.5
AN ORDINANCE to consolidate and amend certain Ordinances relating to Coroners.
[Assent and commencement date: 24 August 1959]
PART I
PRELIMINARY
1. Short title – This Ordinance may be cited as the Coroners Ordinance 1959.
2. Appointment of Coroners – The Chief Justice and all other Judges of the Supreme Court of Samoa shall, by virtue of holding office, be a Coroner within the meaning of this Ordinance.
PART II
FUNCTIONS AND POWERS OF CORONERS
3. Functions of Coroners – (1) The principal functions of a Coroner shall be to inquire, under this Ordinance, into the manner of death of any person in any case
where this Ordinance requires that the death be reported to a Coroner, and into such matters relating to fires as are provided in
section 22.
(2) A Coroner shall, for the purpose of exercising any of the powers, functions, or duties conferred or imposed on the coroner by this
Ordinance, have the same powers, privileges, authorities, and immunities as are possessed by a Judge of the Supreme Court of Samoa
and in particular shall have power to issue summonses for and warrants to enforce the attendance of witnesses at an inquest or inquiry
under this Ordinance, to maintain order at any such inquest or inquiry, to administer oaths, to examine witnesses, to punish for
contempt, and to adjourn any proceedings before him or her:
PROVIDED THAT the Coroner may require the Registrar of the Supreme Court or any Deputy Registrar of the Supreme Court to issue the summonses and
warrants which he or she is empowered to issue either generally or in respect of any particular inquest or inquiry.
4. When Coroner to hold inquest – (1) A Coroner shall hold an inquest in each case where the Coroner is informed that a person is dead and there is reasonable cause to
suspect that the person:
(a) has died either a violent or an unnatural death; or
(b) has died while in the legal custody of the Superintendent of a penal institution; or
(c) has died in such a place or under such circumstances that, under an enactment other than this Ordinance, an inquest is required
to be held.
(2) A Coroner shall hold an inquest where the Coroner is informed that a person has died a sudden death of which the cause is unknown:
PROVIDED THAT in any such case the Coroner may decide, under section 6, not to hold an inquest.
(3) It shall be the duty of a person finding a person lying dead, or having knowledge of the death of any person in any of the circumstances
set forth in this section, to report the death to a constable, who shall thereupon report the death to a Coroner.
(4) After a constable has reported the death to a Coroner in accordance with subsection (3), the Commissioner of Police shall make such
inquiries as may be necessary for the purposes of this Ordinance or as may be directed by the Coroner.
5. Inquest in certain other cases – Where a Coroner is informed that a person has died while in custody as a mental patient or while committed to the care of the Child
Welfare Officer or while in such a place or in such circumstances that in accordance with the provisions of any enactment other than
this Ordinance, notice of the death is required to be given to a Coroner, the Coroner shall hold an inquest if the Coroner considers
an inquest to be necessary or desirable:
PROVIDED THAT nothing in this section is taken to authorise a Coroner to dispense with an inquest in any case to which section 4(1) or (2) apply.
6. Inquest need not be held in certain circumstances – (1) Where a sudden death of which the cause is unknown is reported to a Coroner and the Coroner is of opinion that further inquiries
or a post mortem examination may prove an inquest to be unnecessary, the Coroner may direct any inquiries the Coroner thinks proper
to be made and may authorise any medical practitioner within the meaning given to that term by section 2 of the Medical Practitioners Act 2007 to hold a post mortem examination of the body and to report the result thereof to the Coroner in writing.
(2) Where the Coroner, as a result of the post mortem examination or of inquiries made by the Coroner, is satisfied that the death was
due to natural causes and did not take place in such place or in such circumstances as to necessitate the holding of an inquest under
an enactment, the Coroner may decide not to hold an inquest.
7. Inquest where body destroyed or irrecoverable – Where a Coroner has reason to believe that a death has occurred in such circumstances that an inquest ought to be held and, because of section 15, an inquest cannot be held except by virtue of this section, the Coroner may report the facts to the Attorney-General, and the Attorney-General may, if he or she considers it desirable so to do, direct an inquest to be held in respect of the death, and an inquest shall be held accordingly by the Coroner making the report or such other Coroner as the Attorney-General may direct. This Ordinance, with the necessary modifications, applies to any such inquest.
8. Coroner may require medical report – Whether or not an inquest is being held, the Coroner may require a medical practitioner who has recently attended the person into whose death the Coroner is inquiring, to supply a report relating to the deceased person.
9. Coroner may authorise post mortem examination – (1) The Coroner may, at any time before the termination of the inquest, authorise a medical practitioner within the meaning given to
that term by section 2 of the Medical Practitioners Act 2007 other than a medical practitioner who, to the knowledge of the Coroner, has attended the deceased person immediately prior to his
or her death, to perform a post mortem examination of the body of the deceased person.
(2) A medical practitioner who has attended the deceased person immediately prior to his or her death is entitled to be present at the
examination. The Coroner may, if the Coroner thinks it necessary, have notice served on the medical practitioner requiring him or
her to attend the post mortem examination or to submit a report for the assistance of the person holding the post mortem examination.
(3) Upon application being made, the Coroner may permit any other person to be represented by a medical practitioner as an observer at
any such post mortem examination.
(4) The Coroner may authorise an analyst or a pathologist to make an analysis and report on any case where an inquest is held.
(5) For the purposes of this section and of sections 6 and 8, the Coroner may give such directions as the Coroner thinks fit as to the
disposal or removal of the body of any person whose death has been reported under this Ordinance, and any person who fails to comply
with any such direction or who does any act to hinder or prevent any such direction being complied with commits an offence and is
liable on summary conviction to a fine not exceeding 2 penalty units or to imprisonment for a term not exceeding 6 months.
10. Coroner may order burial of body – A Coroner may at any time order the burial of the body of any person whose death has been reported under this Ordinance and except as provided in section 11 no burial of the body of any such person shall take place without such an order.
11. Medical practitioner may perform certain acts – Where a Coroner is empowered to authorise a post mortem examination under section 6 or 9 or where a Coroner is required to give an order for burial under section 10 and the death has occurred in some remote part of Samoa from which it is impracticable to bring the body of the deceased person to Apia and at which it is impracticable for a Coroner to attend, it shall be lawful for the functions of a medical practitioner under section 6 or 9 or of the Coroner under section 10 to be discharged by a medical practitioner appointed with specific or general authority in that regard by the Chief Executive Officer of the Ministry of Health who is authorised to make and rescind the appointment.
PART III
INQUEST
12. Purpose of Inquest – An inquest is to be conducted by the Coroner for the purpose of establishing the following:
(a) the fact that a person has died;
(b) the identity of the deceased person;
(c) when, where, and how the death occurred.
13. Before whom inquest to be held – (1) Subject to subsection (2), an inquest shall be held before a Coroner alone.
(2) An inquest may, at the direction of a Coroner, be held concurrently with any other inquiry or judicial proceedings before a Coroner
alone or at which a Coroner presides.
14. Date and place of inquest – Where an inquest is to be held, the Coroner shall fix the date, time, and place of the inquest, and shall give notice therefor either under his or her hand or by the Registrar of the Supreme Court or the Deputy Registrar of the Supreme Court to the senior officer of Police of the place where the inquest is to be held, who shall give notice of the date, time, and place of the inquest to such persons as he or she thinks fit, or as the Coroner directs.
15. View of body – (1) Subject to section 7, no inquest shall be concluded unless the Coroner is satisfied that the body in respect of which the inquest
is being held has been viewed by some person giving evidence at the inquest.
(2) It is not necessary for the Coroner to view the body in respect of which the inquest or inquiry is held.
16. Hearing in public – (1) Subject to this Ordinance, the building or place in which an inquest is held shall be open to the public:
PROVIDED THAT if the Coroner considers it desirable in the interests of justice, decency, or order, the Coroner may exclude all or any persons
from the whole or any part of the proceedings at the inquest, or may prohibit the publication of any part of the evidence given at
the inquest.
(2) The Coroner may direct that any witness not yet heard at an inquest shall go and remain outside or away from the place of hearing
until required to give evidence.
17. Coroner to examine witnesses on oath – (1) The Coroner shall at the inquest examine on oath all persons who tender their evidence respecting the facts in issue and all other
persons whom the Coroner thinks it expedient to examine.
(2) At an inquest any person who, in the opinion of the Coroner, has a sufficient interest in the subject or result of the inquest may
attend personally or by counsel, and may examine and cross-examine witnesses.
(3) In all proceedings under this Ordinance, the Coroner may admit any evidence that the Coroner thinks fit, whether or not the same
is otherwise admissible in a Court of law, but no evidence shall be admitted by the Coroner for the purposes of the inquest unless
in his or her opinion the evidence is necessary for the purpose of establishing any of the matters referred to in section 12.
(4) Where:
(a) the Coroner is satisfied that there is no reason making it desirable that the witness should give the whole of his or her evidence orally; and
(b) no person attending the inquest entitled to examine and cross-examine witnesses objects to the procedure being followed,-
the Coroner may permit any witness to give the whole or part of his or her evidence by tendering a previously prepared statement in
writing and confirming the same on oath. The witness may be cross-examined on any evidence in the statement as if it had been given
orally at the inquest, and the statement shall form part of the depositions taken at the inquest.
(5) The Coroner shall put into writing the evidence admitted by him or her at the inquest and the depositions of each witness giving
evidence at the inquest shall be read over to and signed by the witness and by the Coroner:
PROVIDED THAT, where an inquest is being held in the Supreme Court, pursuant to section 13(2), concurrently with a trial for murder or manslaughter
or infanticide or any other trial in which the cause of death of any person is in issue, the depositions of each witness giving evidence
need not be read over to him or her or be signed by the witness or by the presiding Judge.
18. Witness neglecting to attend – A witness on whom any summons is served, either personally or by leaving the same at his or her residence with an inmate appearing to be above the age of 14 years, in sufficient time for the witness to obey the same, who fails without good and sufficient excuse to obey any such summons, and every medical practitioner who is directed by a Coroner to attend a post mortem examination or to provide a report under this Ordinance, and who neglects or refuses to obey any such summons, direction, or order, commits an offence and is liable on summary conviction to a fine not exceeding 1 penalty unit.
19. Inquest where death was self-inflicted – (1) Subject to this Ordinance, where it appears to the Coroner at the commencement or in the course of an inquest that the circumstances
are such that it appears possible that death may have been self-inflicted, the Coroner may direct that no report, or no further report,
of the proceedings is published until after the Coroner has made his or her finding.
(2) Where the Coroner finds that the death was self-inflicted, no report of the proceedings of the inquest shall, without the authority
of the Coroner, be published other than the name, address, and occupation of the deceased person, the fact that an inquest has been
held, and that the Coroner has found that the death was self-inflicted.
20. Death, incapacity, etc., of Coroner – Where a Coroner has commenced to hold an inquest and dies or is incapacitated by illness, absence, or other sufficient cause from completing the inquest, the inquest may be completed by some other Coroner, who may act upon any evidence already given at the inquest in all respects as if it were given before him or her.
21. Finding of Coroner at inquest – (1) After considering all the evidence before him or her at the inquest the Coroner shall give a finding and shall sign a certificate
as to the facts specified in the prescribed form.
(2) The Coroner shall forward the certificate to the Registrar appointed under the Births, Deaths and Marriages Registration Act 2002, and copies thereof, together with all depositions of witnesses, to the Commissioner of Police and to the Chief Executive Officer
of the Ministry of Health.
PART IV
INQUIRIES CONCERNING FIRES
22. Inquiries concerning fires – Upon the request of the Commissioner of Police, the Chief Fire Officer, or any other responsible officer of the Public Service that an inquiry be held as to the cause and origin of any fire and as to the effectiveness or otherwise of the measures taken to deal with such fire, and all other incidental matters in connection therewith, a Coroner shall make a preliminary investigation as to the necessity for the inquiry, and shall order that the inquiry shall or shall not be held. If the Coroner orders an inquiry to be held, this Ordinance applies with necessary modifications to the inquiry.
PART V
MISCELLANEOUS
23. Police to assist at inquests and inquiries – The Police shall assist at all inquests, inquiries, and investigations under this Ordinance.
24. Supreme Court may in certain cases order inquest to be held – (1) Where in respect of any death the Supreme Court, on application made by or under the authority of the Attorney-General, is satisfied either:
(a) that a Coroner refuses or neglects to hold an inquest which ought to be held; or
(b) where an inquest has been held by a Coroner, whether before or after the passing of this Ordinance, that, by reason of fraud,
rejection of evidence, irregularity of proceedings, insufficiency of inquiry, discovery of new facts or evidence, or otherwise, it
is necessary or desirable in the interests of justice that another inquest should be held, –
the Court may order an inquest to be held in respect of the death; and where an inquest has already been held, may quash the finding
of the Coroner.
(2) Subject to the order of the Supreme Court, the inquest may be held by the same Coroner or any other Coroner.
(3) On any such inquest, unless the Supreme Court otherwise orders, all depositions taken on any former inquest on the death is deemed
to have been taken on the new inquest.
(4) Except as otherwise provided by this section, the inquest is to be held in the same manner as any other inquest.
25. Protection of witnesses and counsel – A witness attending and giving evidence at any inquest or inquiry held under this Ordinance and a counsel appearing before a Coroner have the same privileges and immunities as witnesses and counsel in Courts of law.
26. Penalty for unlawful publication of proceedings – A person who publishes:
(a) a report of any proceedings in contravention of this Ordinance; or
(b) any question or inquiry at any inquest which the Coroner:
(i) has forbidden or disallowed; or
(ii) has warned the witness he or she is not obliged to answer, and has ordered shall not be published,–
commits an offence, and is liable on conviction to a fine not exceeding 2 penalty units or to imprisonment for a term not exceeding
6 months.
27. Inquests may be held on Sunday – An inquest may be held on a Sunday whenever in the opinion of the Coroner it is expedient to hold the same on that day.
28. Fees and allowances – The Coroner may award reasonable payment for the expenses and loss of time to be paid to any witness attending an inquest, and to any medical practitioner, analyst, or pathologist (not being a member of the Public Service) giving evidence at an inquest or performing any function under this Ordinance.
29. Regulations – (1) The Head of State, acting on the advice of Cabinet, may make regulations for any purpose for which regulations are contemplated or
required by this Ordinance, and may make all such other regulations as the Head of State thinks necessary or expedient for the purpose
of giving effect to the provisions of this Ordinance and for the due administration thereof.
(2) All regulations made under this Ordinance shall be laid before the Legislative Assembly within 28 days after the making thereof if
the Legislative Assembly is then in session, and if not shall be laid before the Legislative Assembly within 28 days after the commencement
of the next ensuing session.
30. Repeal and savings – (1) The Coroners Ordinance 1921 and section 6 of the Ordinances Amendment Ordinance 1934 are repealed.
(2) The repeal of any provision by this Ordinance does not affect any document made or anything whatsoever done under the provision so
repealed or under another corresponding former provision, and any document or thing so far as it is subsisting or in force at the
time of the repeal and could have been made or done under this Ordinance continues and has effect as if it had been made or done
under the corresponding provision of this Ordinance and as if that provision had been in force when the document was made or the
thing was done.
REVISION NOTES 2008 – 2012
This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Amendments have been made to up-date references to offices, officers and statutes (e.g. Medical Practitioners Act 2007).
(c) Insertion of the commencement date
(d) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
(i) “Every” and “any” changed to “a” or “each” where appropriate
(ii) “shall be” changed to “is” and “shall be deemed” changed to “is taken”
(iii) “shall have” changed to “has”
(iv) “shall be guilty” changed to “commits”
(v) “notwithstanding” changed to “despite”
(vi) “pursuant to” or “in accordance with the provisions of” changed to “under”
(vii) Numbers in words changed to figures
(viii) “hereby” and “from time to time” (or “at any time” or “at all times”) removed
There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.
This Act has been revised in 2008, 2009, 2010, 2011 and 2012 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2012. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.
Aumua Ming Leung Wai
Attorney General of Samoa
Revised in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).
Revised in 2012 by the Legislative Drafting Division.
The Coroners Ordinance 1959 is administered by the Ministry of Justice and Courts Administration.
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