Applications to the Attorney-General and s13 of the Coroners Act 1988

Applications to the Attorney-General and s13 of the Coroners Act 1988

There are essentially two ways in which a person may challenge the sufficiency of inquest proceedings or a decision by a coroner not to hold an inquest at all. The first and most obvious is by way of judicial review proceedings. These must of course be brought promptly and no later than 3 months from the date of the decision or conclusion. The second is by way of a s13 application under the Coroners Act 1988. That can be brought at any time (provided the criteria are met) and can only be brought with the consent (fiat) of the Attorney General.

This paper will briefly consider the law and procedure pertaining to applications to the Attorney-General for a fiat and applications to the High Court pursuant to s13 of the Coroners Act 1988.

Author: Emma Norton

Publication date: December 9 2016