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Coroner's Post Mortem Examinations
The Coroner’s office will usually carry out preliminary enquiries to ascertain whether the Coroner is likely to have jurisdiction (see below: Inquests). The ultimate decision is a judicial one that should be made by the Coroner, rather than the Coroner’s officer. If the Coroner is satisfied that neither a post mortem nor an inquest is necessary, he or she will issue a form setting out the cause of death as certified by the attending doctor. The death can then be registered.
If the Coroner decides to hold an inquest, usually there will be a post mortem examination of the body. The post mortem is performed by a pathologist acting as the Coroner’s agent and should be carried out as soon as reasonably possible after the death because the body cannot be released for burial until the Coroner is satisfied as to the cause of death. If, following a post mortem examination, the Coroner decides that it is unnecessary to hold an inquest (if the post mortem satisfactorily determines the cause of death), the coroner will issue a different form from above certifying the cause of death for the Registrar.
Where a Coroner directs that a post mortem examination should take place, any relative who has notified the Coroner of his or her desire to attend has a right to be notified by the Coroner of the time and place of the examination, unless to do so would cause the examination to be unduly delayed. Any relative who has notified the Coroner is entitled to be represented at the post mortem by a legally qualified medical practitioner. If the relative has not been notified or has been notified too late to arrange representation, he or she may be entitled to a second post mortem by a pathologist of his or her own choice. Whilst the Coroner remains in lawful possession of the body until his or her functions are complete, he or she has discretion to permit interference with the body for relatives to obtain a second post mortem opinion. Once the pathology report is available the Coroner must if requested supply a copy to any interested persons.
If a person swears on oath before the Coroner that he or she believes that the death was caused partly or entirely by the improper or negligent treatment of a doctor or other person, that doctor shall not be allowed to perform the post mortem, but may be represented at it. If the deceased died in hospital, the Coroner should not request a pathologist on the staff of, or associated with, the hospital to carry out a post mortem examination if the conduct of any member of staff is likely to be called into question or a relative of the deceased objects, unless obtaining another pathologist with suitable qualifications would unduly delay the examination. This rule is intended to ease any concerns that relatives may have about the independence of the examination. For similar reasons, it is undesirable for a prison doctor who may be a witness to perform a post mortem examination on a prisoner.
If for religious or other reasons there is an objection to a post mortem examination, the Coroner should be made aware of any objections as soon as possible. The Coroner may be able to satisfy him or herself by other enquiries (including non-invasive investigations) that the death is natural. If, however, the Coroner is of the opinion that the circumstances of the death require a post mortem examination, he or she must proceed with the examination, regardless of any objections from family members or others. If there are reasonable grounds for considering that the legal requirements for an investigation are not met, it may be possible to challenge the Coroner’s decision by way of judicial review.
If the Coroner decides that a post mortem examination is not required or having undertaken a post mortem examination he or she is satisfied that the death was natural and there is no suggestion of violence or other unnatural circumstances, he or she should release the body for disposal to the person entitled to take possession of it. The Coroner will send a notice of the decision to the Registrar so that the death can be registered.
Once the coroner has completed his enquiries into a death, consent must be obtained for any subsequent use of retained tissues. Human tissue from a dead person may also be retained in connection with a criminal investigation. The Coroner’s Rules (as amended) require that coroners notify the appropriate relative about any material that has been retained as part of the post mortem examination and state their wishes in respect of such material once the investigation is complete.
