70 Coroner may decide not to open or resume postponed or adjourned inquiry

(1)

This subsection applies to an inquiry that is postponed or adjourned under either of the following sections:

(a)

section 68 (procedure if person charged with offence):

(b)

section 69 (procedure if some other investigation to be conducted).

(2)

A coroner may decide, or the chief coroner may direct the coroner, not to open or resume an inquiry to which subsection (1) applies.

(3)

Before making a decision or a direction under subsection (2), the coroner or the chief coroner (as applicable) must be satisfied that the matters specified in section 57(2)(a) to (e) have, in respect of the death concerned, been adequately established in the course of the relevant criminal proceedings or investigation.

(4)

A coroner who decides, or who is directed, under subsection (2) not to open or resume an inquiry must give the Secretary written notice that the inquiry will not be opened or resumed.

Section 70: replaced, on 21 July 2016, by section 46 of the Coroners Amendment Act 2016 (2016 No 29).