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LAWS OF FIJI
BACK _______ 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. Ordinances Nos. 5 of 1967, 43 of 1968, Act No. 46 of 1971. MATTERS RELATING THERETO
(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. (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. Provided that a police officer of or above the rank of Inspector may order burial of the body. (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 ay 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. (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. (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. (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. 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. (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. (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.
(Cap. 49.) 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. (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. (2) The original of such record and findings shall be retained by the clerk to the magistrates court in which the inquest has been held. 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. (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.
INQUESTS ______ SECTION 21 – INQUESTS RULES Made by the Chief Justice
(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. (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. 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. (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, (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. (Rule 3 (1)) _______ REGISTER OF DEATHS REPORTED ……………………….MAGISTRATES' COURT Report No. Police File No. Date of Report Particulars of Deceased Date of Death Cause of Death ( FTFTH SCHEDULE FORMS Report of Sudden or Unnatural Death. Request for Post-Mortem Examination. Magistrate's Order for Burial. Magistrate's Order for Cremation. Police Officer's Order for Burial. Report of Medical Officer Making Post-Mortem Examination. Magistrate's Report to Attorney-General. Notice of Death of Person in Custody. Summons to Witness. Order by Magistrate to Medical Officer to Perform a Post-Mortem Examination. Warrant to Exhume. Warrant to Exhume. Magistrate's Findings. FIFTH SCHEDULE CFORM 1) INQUESTS ACT (Sections 3 (I) and 4 (2)) REPORT OF SUDDEN OR UNNATURAL DEATH To the Magistrates' Court at.............................................. 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:— (a) where: (b) at what age: (c) to whom: (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: INSPECTION OF BODY 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. Having examined the body of the deceased .......................... /*having caused the body of the deceased .................................... to be examined by.......... .,1 am of the opinion that no useful purpose would be served by a further examination. Dated at this day of , 19 Signature........ Rank ........... Station.......... *Delete as applicable Delete if not applicable TYPE PAGES 7 TO 10 FORM 7 INQUESTS ACT (Section 7 (1)) MAGISTRATE'S REPORT TO THE ATTORNEY-GENERAL ........ .MAGISTRATES' COURT: DEATH REPORT No...... OF 19..... To: The Hon. the Attorney-General. 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. The following particulars, regarding the deceased have been ascertained:— 1. Name: 2. Residential address: 3. Age: 4. Sex: 5. Nationality: 6. Occupation: 7. Place of death: 8. Time of death: 9. Date and time body found: 10. Circumstances of death: 11. Cause of death: Dated at. ...... .this. ...... -day of........, 19... Magistrate, .................Magistrates' Court. 'Delete as applicable. FORM? INQUESTS ACT (Section 7 (1)) MAGISTRATE'S REPORT TO THE ATTORNEY-GENERAL ........ .MAGISTRATES' COURT: DEATH REPORT No......OF 19... .. To: The Hon. the Attorney-General. 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. The following particulars, regarding the deceased have been ascertained:— 1. Name: 2. Residential address: 3. Age: 4. Sex: 5. Nationality: 6. Occupation: 7. Place of death: 8. Time of death: 9. Date and time body found: 10. Circumstances of death: 11. Cause of death: Dated at........ this........ day of.......... 19. Magistrate, 'Delete as applicable. .. .Magistrates' Court. FORM 8 INQUESTS ACT (Section 8) NOTICE OF DEATH OF PERSON IN CUSTODY 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.... Officer-in-Charge. Date:. *Delete as applicable. :Insert name and address of prison, institution, etc. FORM 9 INQUESTS ACT (Section 9 (1)) SUMMONS TO WITNESS To:................. 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. Dated this. ....... -day of.......... 19....... at .......... Magistrate. AFFIDAVIT OF SERVICE I, .......... make oath and say that I did on the ...... day of......... ,19...., serve a true copy of this Summons on ............at........ Sworn by meat......... . ........... Magistrate or Commissioner for this .....day of... ....... 19--•••••.... oaths. FORM 10 INQUESTS ACT (Section 9 (2)) ORDER BY MAGISTRATE TO MEDICAL OFFICER TO PERFORM A POST-MORTEM EXAMINATION To:............. 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.......... Magistrate. FORM II INQUESTS ACT (Section 9 (2)) WARRANT TO EXHUME To:................ (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 I 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. Dated at........ .this. ...... .day of........... 19. Magistrate FORM 12 INQUESTS ACT (Section 20) WARRANT TO EXHUME To:............ (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. Dated at. ...... .this. ...... -day of......... 19.... Chief Registrar. *Delete as applicable. FORM 13 INQUESTS ACT (Section 18) ................. .MAGISTRATES' COURT: INQUEST No... . ...OF 19. . .. MAGISTRATE'S FINDINGS 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..................... The following are my findings in respect of the deceased:— 1. Name: 2. Residential address: 3. Age: 4. Sex: 5. Nationality: 6. Occupation: 7. Place of death: 8. Time of death: 9. Date and time body found: 10. Circumstances of death: 11. Cause of death: Dated at........ this........ day of......... 19.... Magistrate. Controlled by Ministry of the Attorney-General |
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