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McKerr v Armagh Coroner: HL 1990

It is for the coroner to decide how to adduce the necessary evidence as to death. Lord Goff discussed Rule 17 of the 1980 Rules: ‘Nor, in my opinion, does the mere fact that a rule restricts the power of a coroner as to the evidence which he may call prevent the rule in question from being one which regulates practice or procedure. In this connection, rule 17, concerned with documentary evidence at inquests, provides an apt illustration. I have already set out the text of that rule (as amended). A similar, though not identical, rule applies in relation to documentary evidence at coroners’ inquests in England and Wales: see rule 37 of the Coroners Rules 1984 (SI 1984 No 552). The general rule is that a coroner, who is conducting an inquisitorial process concerned to elicit certain facts, is not bound by the strict rules of evidence. Yet here, in rule 17, we find a rule which defines the power of a coroner to admit documentary evidence. I cannot, for my part, see why that fact should prevent the rule from being described as a rule which regulates practice or procedure at a coroner’s inquest. It plainly does, in that it regulates the manner in which the coroner shall, at an inquest, set about his task of eliciting the relevant facts.’
References: [1990] 1 WLR 649, [1990] 1 All ER 865
Judges: Lord Goff
Statutes: Coroners (Practice and Procedure) Rules (NI) 1980 17
Jurisdiction: England and Wales
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Last Update: 27 November 2020; Ref: scu.194456 br>

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