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111-430: A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death . The official may also investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction. In medieval times, English coroners were Crown officials who held financial powers and conducted some judicial investigations in order to counterbalance

222-650: A discharge . In more serious cases, where magistrates' consider that their sentencing powers are insufficient, they can send ' either-way ' offenders to the Crown Court for sentencing. All criminal cases begin in a magistrates' court. The most serious cases (for example murder, rape, etc) are sent to the Crown Court, although magistrates' will often decide on issues such as bail and any preliminary matters. Lesser offences, including all summary only offences and some either-way offences will be dealt with entirely in

333-413: A fatal accident inquiry is appropriate. In the majority of cases reported to the procurator fiscal, early enquiries rule out suspicious circumstances and establish that the death was due to natural causes. Deaths are usually brought to the attention of the procurator fiscal through reports from the police, the registrar, GPs or hospital doctors. However, anyone who has concerns about the circumstances of

444-521: A Chief Coroner (or Chief Medical Examiner) and comprise coroners or medical examiners appointed by the executive council . The provinces of Alberta , Manitoba , Nova Scotia and Newfoundland and Labrador now have a Medical Examiner system, meaning that all death investigations are conducted by specialist physicians trained in Forensic Pathology , with the assistance of other medical and law enforcement personnel. All other provinces run on

555-632: A JP court had the summary criminal jurisdiction and powers of a sheriff. A federal magistrate was an office created on 23 December 1999 along with the establishment of the Federal Magistrates' Court by the Australian Government as a result of royal assent of the Federal Magistrates Act 1999 (Cth) . Its first judicial officers were appointed in 2000; it first applications were filed on 23 June 2000 and

666-539: A Presiding Justice) to check that they continue to remain competent in their role. Additional training is given to justices choosing to sit in the Youth Court or those dealing with family matters. New JPs sit with mentors on at least six occasions during their first eighteen months. Justices of the peace are unpaid appointees, but they may receive allowances to cover travelling expenses, subsistence and loss of earnings for those not paid by their employer while sitting as

777-409: A coroner system. In Prince Edward Island , and Ontario , all coroners are, by law, physicians . In the other provinces and territories with a coroner system, namely British Columbia , Saskatchewan , Quebec , New Brunswick , Northwest Territories , Nunavut , and Yukon , coroners are not necessarily physicians but generally have legal, medical, or investigative backgrounds. The Coroner's Court

888-420: A dead body lying in the district of a coroner has a duty to report it to the coroner; failure to do so is an offence. This can include bodies brought into England or Wales . The coroner has a team of coroner's officers (previously often ex-police officers, but increasingly from a nursing or other paramedical background) who carry out the investigation on the coroner's behalf. A coroner's investigation may involve

999-566: A death can report it to the procurator fiscal. There are certain categories of deaths that must be enquired into, but the procurator fiscal may enquire into any death brought to his notice. In the United States, inquests are generally conducted by coroners, who are generally officials of a county or city . These inquests are not themselves trials, but investigations. Depending on the state, they may be characterized as judicial , quasi-judicial , or non-judicial proceedings. Inquests, and

1110-401: A death, they hold an inquiry (a quaestio ) concerning the wives in the method used for slaves, and if guilt is established, they kill the wives, who have been tortured, with fire and all torments." In England and Wales , all inquests were once conducted with a jury. They acted somewhat like a grand jury , determining whether a person should be committed to trial in connection to a death. Such

1221-469: A district judge, such as those matters relating to extradition or where the contested issue is a disputed point of law. According to the official statistics for diversity of the judiciary in April 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic and 82% per aged above 50. In the courts of Scotland , the office of stipendiary magistrate was established by Section 5 of

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1332-517: A judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by state statute or by common law . In Virginia , for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the justice of the peace , which is common in many states for this function. As noted above,

1443-694: A jury in any investigation, but in practice this is rare. The qualifications to sit on a coroner's jury are the same as those to sit on a jury in the Crown Court , the High Court , and the County Court . Additionally, a coroner's jury only determines the cause of death; its ruling does not commit a person to trial. While grand juries, which did have the power to indict, were abolished in the United Kingdom by 1948 (after being effectively stopped in 1933), coroner's juries retained those powers until

1554-597: A jury was made up of up to twenty-three men, and required the votes of twelve to render a decision. Similar to a grand jury, a coroner's jury merely accused, it did not convict . Since 1927, coroner's juries have rarely been used in England. Under the Coroners Act 1988 , a jury is only required to be convened in cases where the death occurred in prison, police custody, or in circumstances which may affect public health or safety. The coroner can actually choose to convene

1665-604: A jury, as a check on the possible abuse of governmental power. Coroners also have a role in treasure cases. This role arose from the ancient duty of the coroner as a protector of the property of the Crown. It is now contained in the Treasure Act 1996 . This jurisdiction is no longer exercised by local coroners, but by specialist "coroners for treasure" appointed by the Chief Coroner. The coroner's former power to name

1776-770: A local advisory committee and only recommended to the Lord Chancellor for appointment if they can demonstrate the six key qualities required of a judicial office holder, these are: (a) good character, (b) commitment and reliability, (c) social awareness, (d) sound judgement, (e) understanding and communication and (f) maturity and sound temperament. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens , RSPCA employees and certain other categories of employees, as well as their close relatives, will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All new justices of

1887-415: A magistrate is a judicial officer who hears cases in a lower court , and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales ), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. In ancient Rome , the word magistratus referred to one of the highest offices of state. Analogous offices in

1998-420: A magistrate, up to a maximum of £116.78 a day. A justice of the peace may sit at any magistrates' court in England and Wales, but in practice, they are appointed to their local bench (a colloquial and legal term for the local court). Justices of the peace will normally sit as a panel of three, with two as a minimum in most cases, except those cases dealt with under the single justice procedure . Many are members of

2109-780: A means of settling a matter of fact, developed in Scandinavia and the Carolingian Empire before the end of the tenth century. It was the method of gathering the survey data for the Domesday Book in England after the Norman conquest . In his account of the culture of the Gauls ( Commentarii de Bello Gallico VI.19.3), Julius Caesar mentions a very early use of the procedure: "if a matter comes into suspicion about

2220-645: A person to jail for up to three years and impose a fine of up to ₹ 10,000 (US$ 120). An executive magistrate is an officer of the executive branch (e.g., government department, typically the land revenue department) rather than the Judicial branch. They are vested with specific powers under both the Bharatiya Nagarik Suraksha Sanhita (BNSS - the "Indian Citizen Safety Code") and the Bharatiya Nyaya Sanhita (BNS -

2331-793: A result of injuries or drugs. Two different death investigation systems have developed in Canada: the Coroner's system and the Medical Examiner's system. The Coroner's system is used in the majority of provinces and territories. It is a system that is centuries old and originated in Great Britain. It is found throughout the world in countries that were former British colonies, including Canada. The Medical Examiner's system (used in Alberta, Manitoba, Nova Scotia, and Newfoundland and Labrador)

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2442-464: A set of questions posed by the coroner to himself or to the jury (as appropriate). Lawful killing includes lawful self-defence . There is no material difference between an accidental death conclusion and one of misadventure. Neglect cannot be a conclusion by itself. It must be part of another conclusion. A conclusion of neglect requires that there was a need for relevant care (such as nourishment, medical attention, shelter or warmth) identified, and there

2553-798: A significant part of the workload of the Federal Court and the Family Court. By May 2004, the court was dealing with 73% of the total number of applications made in the three courts ). The Federal Magistrates' Court was exercising jurisdiction well in excess of that of the state magistrates' courts, and similar to that of the District and County courts of the Australian states. On 12 April 2013, in recognition of its increased jurisdiction and its role as an intermediate court servicing regional centres as well as capital cities throughout Australia,

2664-421: A simple review of the circumstances, ordering a post-mortem examination, or they may decide that an inquest is appropriate. When a person dies in the custody of the legal authorities (in police cells, or in prison ), an inquest must be held. In England, inquests are usually heard without a jury (unless the coroner wants one). However, a case in which a person has died under the control of central authority must have

2775-467: A small laurel or myrtle wreath (Lat. corona or serta ) on his head so that he might be accepted in glory in the afterlife. The use was already of ancient Greece and see e. g. Theophilus Christophorus Harles ( Bionis smyrnaei and Moschi syracusani quae supersunt etc. P. 40. Erlangen, 1780), who quotes Euripides, Clement of Alexandria, Chionus of Heraclea and others in this regard; see also James Claude Upshaw Downs: "The origin of official death investigation

2886-428: A suspect in the inquest conclusion and commit them for trial has been abolished. The coroner's conclusion sometimes is persuasive for the police and Crown Prosecution Service , but normally proceedings in the coroner's court are suspended until after the outcome of any criminal case is known. More usually, a coroner's conclusion is also relied upon in civil proceedings and insurance claims . The coroner commonly tells

2997-688: A wide range of offences. Although there is a general limit of two years' imprisonment or a fine of HK$ 100,000, certain statutory provisions give Magistrates the power to sentence up to three years' imprisonment and to impose a fine up to HK$ 5,000,000. According to the Code of Criminal Procedure (CrPC), 1898, there are two classes of magistrates in Bangladesh, namely judicial magistrate and executive magistrate. There are four classes of judicial magistrate (chief metropolitan magistrate in metropolitan areas and chief judicial magistrate in other areas, magistrate of

3108-505: Is a police officer with technical and scientific knowledge in the service of justice and a professional specialized in finding or providing so-called material evidence through the scientific analysis of traces produced and left in the commission of crimes", what, in case of the Physician-Legists (inserted in the aforementioned career), applies in relation to highly complex federal crimes involving corpses that need to be examined by

3219-500: Is a state-appointed local administrative office whose responsibilities include keeping population information and public registers , acting as a public notary and conducting civil marriages. In Mexico's Federal Law System, a magistrado (magistrate) is a superior judge (and the highest-ranking State judge), hierarchically beneath the Supreme Court Justices (Ministros de la Corte Suprema). The magistrado reviews

3330-475: Is just over one century old and originated in the United States. Although there are some differences between the two systems, the ultimate goal of each is the same—to investigate certain deaths defined in their legislation and establish the identity of the deceased together with the cause of death and the manner of death. In 21st-century Canada the officer responsible for investigating all unnatural and natural unexpected, unexplained, or unattended deaths goes under

3441-474: Is responsible to inquire into the causes and circumstances of some deaths. The Coroner is a judicial officer who has the power to: The Coroner makes orders after considering the pathologist's report. The Coroners Service is a network of Coroners situated across Ireland, usually covering areas based on Ireland's traditional counties. They are appointed by local authorities as independent experts and must be either qualified doctors or lawyers. Their primary function

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3552-643: Is supervised by the Chief Coroner , a judge appointed by the Lord Chief Justice after consulting the Lord Chancellor. The Chief Coroner provides advice, guidance and training to coroners and aims to secure uniformity of practice throughout England and Wales. The post is currently part-time. The present Chief Coroner is Alexia Durran . England and Wales are divided into coroner districts by the Lord Chancellor, each district consisting of

3663-481: Is to investigate any sudden, unexplained, violent or unnatural death in order to allow a death certificate to be issued. Any death due to unnatural causes will require an inquest to be held. Two coronial services operate in New Zealand. The older one deals only with deaths before midnight of 30 June 2007 that remain under investigation. The new system operates under the Coroners Act 2006 , which: In Sri Lanka,

3774-553: Is traced to at least 44 B.C. with the Greek Physician Antistius's examination of Julius Caesar (Fisher 1993; Gawande 2001). The history of the office of coroner extends well over a millennium and has seen major evolution etc." ( Coroner and Medical Examiner in Handbook of Death and Dying ed. by Clifton D. Bryant. V. 1, p. 909. 2003.) Australian coroners are responsible for investigating and determining

3885-437: Is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome , a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China , magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions,

3996-486: The Courts of England and Wales . In 2021, there were 12,651 magistrates, a number that has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012. Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. In practice, magistrates have a wide range of sentencing options, which include issuing fines , imposing community orders, or dealing with offences by means of

4107-615: The Criminal Law Act 1977 . This change came about after Lord Lucan was charged in 1975 by a coroner's jury in the death of Sandra Rivett, his children's nanny. The charity Inquest looks at inquests concerning contentious deaths including those in places of detention, and has campaigned for reforms to the inquest and coroner's system in England and Wales. There are no inquests or coroners in Scotland , where sudden unnatural deaths are reported to, and investigated on behalf of,

4218-512: The Family Court (divorce, residence [or custody], and contact with [or access to] the children, property division upon divorce, maintenance, and child support ). In some areas, such as bankruptcy and copyright, the court had virtually unlimited jurisdiction. The federal magistrates would hear shorter or less complex matters or matters in which the monetary sum in disputes does not exceed given amounts. For instance, property divisions where

4329-601: The Judicial Appointments Commission (JAC) and are required to be qualified solicitors, barristers, or chartered legal executives. Some also sit in the family court. Questions have been raised by the Magistrates' Association as to the legal safeguards of a single district judge allowed to hear a case, decide the outcome, and pass sentence without reference to another party, however the criminal procedure rules do require some cases to be heard by

4440-407: The Magistrates' Association , which provides advice and training and also represents magistrates. The other type of magistrate is known as a district judge (magistrates' courts). Unlike justices of the peace, district judges (magistrates' courts) usually sit alone, although still have the benefit of a legal adviser. They are paid Judges appointed by open competition through a process administered by

4551-702: The Ministry of Justice appoints Inquirers into Sudden Deaths under the Code of Criminal Procedure to carry out an inquest into the death of a sudden, unexpected and suspicious nature. Some large cities such as Colombo and Kandy have a City Coroners' Court attached to the main city hospital, with a Coroner and Additional Coroner. In the United Kingdom a coroner is a specialist judge. Whilst coroners are appointed and paid by local authorities , they are not employees of those local authorities but rather independent judicial office holders who can be removed from office only by

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4662-411: The Treasure Act 1996 . Northern Ireland has three coroners, who oversee the province as a whole. They are assisted by coroners' liaison officers and a medical officer. As of 2004, of the 2,342 death investigation offices in the United States, 1,590 were coroners' offices, 82 of which served jurisdictions of more than 250,000 people. Qualifications for coroners are set by individual states and counties in

4773-535: The United States federal courts , a magistrate judge is a judicial officer authorized by 28 U.S.C.   § 631 et seq. They were formerly known as U.S. commissioners, and then as magistrates. Magistrate judges, as they have been designated since 1990, are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges conduct

4884-621: The justice of the peace may be in charge of death investigation. In yet other places, the sheriff may be the lawful coroner. In different jurisdictions the terms "coroner" and " medical examiner " are defined differently. In some places, stringent rules require that the medical examiner be a forensic pathologist. In others, the medical examiner must be a physician, though not necessarily a pathologist nor further specialized forensic pathologist; physicians with no experience in forensic medicine have become medical examiners. In other jurisdictions, such as Wisconsin, each county sets standards, and in some,

4995-477: The procurator fiscal and dealt with by fatal accident inquiries conducted by the sheriff for the area. The coroner's jurisdiction is limited to determining who the deceased was and how, when and where they came by their death. When the death is suspected to have been either sudden with unknown cause, violent, or unnatural, the coroner decides whether to hold a post-mortem examination and, if necessary, an inquest . The majority of deaths are not investigated by

5106-423: The procurator fiscal for an area. The procurator fiscal has a duty to investigate all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances that give rise to serious public concern. Where a death is reported, the procurator fiscal will investigate the circumstances of the death, attempt to find out the cause of the death and consider whether criminal proceedings or

5217-451: The "Indian Justice Code"). These powers are conferred by Sections 125–129, 152, 163, 164 and 166 of the BNSS. These officers cannot try any accused nor pass verdicts. A person arrested on the orders of a court located outside the local jurisdiction should be produced before an executive magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on

5328-482: The 'standing' versus 'sitting' magistrature, respectively. In France and Italy, and several other European countries, examining magistrate judges have represented the victim and are part of overseeing investigations from the beginning of a case, in consultation with police and prosecutors. In France they are titled investigative judge ( juge d'instruction , "judge of inquiry"). Italy and some other nations have ended this practice. In Portugal, besides being used in

5439-575: The CJM. who looks over the work of judicial magistrates, but cannot take any action against them. The CJM can only report the misbehavior of judicial magistrates to the High Court. A court of chief judicial magistrates can sentence a person to jail for up to seven years and impose fines up to any amount. The CJM is the most senior magistrate in their district. There is a sub-divisional judicial magistrate (SDJM) in every subdivision. They hear cases related to

5550-597: The Court's first sittings were conducted on 3 July 2000 in Adelaide , Brisbane , Canberra , Melbourne , Newcastle , Parramatta and Townsville . The Federal Magistrates' Court of Australia dealt with more minor Commonwealth law matters which had previously been heard by the Federal Court of Australia ( administrative law , bankruptcy , consumer protection , trade practices, human rights , and copyright ) or

5661-472: The Courts Act 2003 states that "There shall be a commission of the peace for England and Wales—…b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus, every magistrate in England and Wales may act as a magistrate anywhere in England or Wales. There are two types of magistrates in England and Wales: Justices of

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5772-556: The Crown, derived from the French couronne and Latin corona , meaning "crown". The office of the coroner dates from approximately the 11th century, shortly after the Norman conquest of England in 1066. The office of coroner was established by lex scripta in Richard I 's England. In September 1194, it was decreed by Article 20 of the " Articles of Eyre " to establish the office of custos placitorum coronae ( Latin for "keeper of

5883-543: The District Courts (Scotland) Act 1975, and was replaced by the office of summary sheriff by Section 218 of the Courts Reform (Scotland) Act 2014 . In Scotland , the lowest level of law-court, a justice of the peace court, is presided over by a justice of the peace , who like in England and Wales are trained volunteers. Stipendiary magistrates are, ex officio , justices of the peace, and when sitting in

5994-469: The Dowry Act, EC Act, and other criminal cases. They also maintain and control the judicial court below them. A court of sub-divisional judicial magistrates may sentence a person to imprisonment for up to three years and impose a fine of up to ₹ 10,000 (US$ 120). Judicial magistrates can try criminal cases. A judicial magistrate of first class (also known as judicial first class magistrate) can sentence

6105-848: The Federal Magistrates' Court was renamed the Federal Circuit Court of Australia, the Act renamed as the Federal Circuit Court of Australia Act 1999 , and its judicial officers received the title "judge" instead of "federal magistrate". The state magistrates in Australia derive from the English magistrates. All magistrates are salaried officers. The jurisdiction of the magistrates varies from state-to-state . They preside over courts which are, depending on

6216-706: The Forensic Medicine and Dentistry Sector linked to the National Institute of Criminalistics. Throughout the federative units , the Civil Polices (in Federal District and other 8 States ) or Scientific Polices (in all other 18 States) disposes of their own Legal-Medical Institutes (mainly responsible for confirming the authorship, dynamics and materiality of offenses involving living beings or their respective corpses) and, with

6327-566: The High Court was ex officio a coroner for every district in England and Wales. This is no longer so; there are now no ex officio coroners. A senior judge is sometimes appointed ad hoc as a deputy coroner to undertake a high-profile inquest, such as those into the deaths of Diana, Princess of Wales and the victims of the 2005 London bombings . Coronial services in Northern Ireland are broadly similar to those in England and Wales, including dealing with treasure trove cases under

6438-610: The Lord Chief Justice and the Lord Chancellor. The Ministry of Justice , which is headed by the Lord Chancellor and Secretary of State for Justice , is responsible for coronial law and policy. However it has no operational responsibility for the running of coroners' courts. There are separate coroners services for England and Wales and for Northern Ireland . There are no longer coroners in Scotland. Coroners existed in Scotland between about 1400 and 1800 when they ceased to be used. Now deaths requiring judicial examination are reported to

6549-484: The Peace, and District Judges (formerly known as stipendiary magistrates ). Justices of the peace (JPs) are trained volunteers appointed from the local community; the nature of their role means that it is not necessary for them to be legally qualified, but they do have the assistance of a legally qualified adviser in Court. JPs require intelligence, common sense, integrity, and the capacity to act fairly. They are selected by

6660-512: The U.S. and vary widely. In many jurisdictions, little or no training is required, even though a coroner may overrule a forensic pathologist in naming a cause of death. Some coroners are elected with others appointed. Some coroners hold office by virtue of holding another office. For example, in Nebraska, a county's district attorney is also the county's coroner. Similarly, in many counties in Texas,

6771-501: The U.S., the coroner has the authority to arrest the county sheriff or assume their duties under certain circumstances. For example, in Indiana, Colorado, Idaho, Kentucky, Ohio, Alabama, and North Carolina, statutes grant coroners these powers, serving as a check on the sheriff's authority. In Ohio, the coroner can assume the sheriff’s duties if the sheriff is incapacitated or otherwise unable to act. Duties always include determining

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6882-406: The area or areas of one or more local authorities. The relevant local authority, with the consent of the Chief Coroner and the Lord Chancellor, must appoint a senior coroner for the district. It must also appoint area coroners (in effect deputies to the senior coroner) and assistant coroners, to the number that the Lord Chancellor considers necessary in view of the physical character and population of

6993-625: The case of medical examiners , such activity has always been privative to physicians , but necessarily policeful , reason why its common denomination, Médicos-Legistas (Physician-Legists), is due to such bionicity. In the Department of Federal Police , according to the National Association of Federal Forensic Experts ( Associação Nacional dos Peritos Criminais Federais – APCF ), "the Federal Forensic Expert

7104-569: The cases seen by a judge in a second term if any of the parties disputes the verdict. For special cases, there are magistrados superiores (superior magistrates) who review the verdicts of special court and tribunal magistrates. In Germany, the magistrational roles of the judge were transferred to a newly established legal body of the judiciary in 1942, which is that of the Rechtspfleger or judicial magistrate. Magistrates hear ' summary offences ' and some ' triable-either-way offences ' in

7215-485: The cause is unknown, where a death is the result of poisoning or industrial injury, or if it occurred in police custody or prison. The coroner's court is a court of law , and accordingly the coroner may summon witnesses. Those found to be lying are guilty of perjury . Additional powers of the coroner may include the power of subpoena and attachment , the power of arrest , the power to administer oaths , and sequester juries of six during inquests. Any person aware of

7326-490: The cause of death for those cases reported to them. In all states and territories, a coroner is a magistrate with legal training, and is attached to a local court. Five states – New South Wales , Queensland , South Australia , Victoria and Western Australia – also have state coroners and specialised coronial courts. In Tasmania , the Chief Magistrate also acts as the state coroner. In Brazil, almost like in

7437-449: The cause, time and manner of death. The coroner/ME typically uses the same investigatory skills of a police detective because the answers are available from the circumstances, scene, and recent medical records. Many American jurisdictions require that any death not certified by an attending physician be referred to the medical examiner for the location where the death occurred. Only a small percentage of deaths require an autopsy to determine

7548-472: The city, exercised a limited civil jurisdiction in relation to the market . Roman magistrates were not lawyers, but were advised by jurists who were experts in the law. The term was maintained in most feudal successor states to the western Roman Empire . However, it was used mainly in Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term denoting

7659-408: The coroner's jurisdiction. A coroner's office typically maintains death records of those who have died within the coroner's jurisdiction. The additional roles that a coroner may oversee in judicial investigations may be subject to the attainment of suitable legal and medical qualifications. The qualifications required of a coroner vary significantly between jurisdictions and are described below under

7770-420: The coroner. If the deceased has been under medical care, or has been seen by a doctor within 14 days of death, then the doctor can issue a death certificate. However, if the deceased died without being seen by a doctor, or if the doctor is unwilling to make a determination, the coroner will investigate the cause and manner of death. The coroner will also investigate when a death is deemed violent or unnatural, where

7881-479: The county records became an independent office, which after 1836 was held by the lord-lieutenant of each county. The person who found a body from a death thought sudden or unnatural was required to raise the " hue and cry " and to notify the coroner. While coronial manuals written for sheriffs, bailiffs, justices of the peace and coroners were published in the sixteenth and seventeenth centuries, handbooks specifically written for coroners were distributed in England in

7992-583: The disputed amount does not exceed A$ 40,000 to A$ 100,000 (depending on the state). In some states, such as Queensland and NSW , the magistrate may appear robed; although, some magistrates are known to prefer a business suit. Magistrates presiding in the Koori Court (which deals with Aboriginal defendants ) were originally of a mind not to appear robed; however, elders within the Indigenous community urged magistrates to continue wearing robes to mark

8103-553: The district. The cost of the coroner service for the district falls upon the local authority or authorities concerned, and thus ultimately upon the local inhabitants. There are 98 coroners in England and Wales, covering 109 local authority areas. To become a coroner in England and Wales the applicant must be a qualified solicitor , barrister , or a Fellow of the Chartered Institute of Legal Executives (CILEx) with at least five years' qualified experience. This reflects

8214-453: The eighteenth century. Coroners were introduced into Wales following its military conquest by Edward I of England in 1282 through the Statute of Rhuddlan in 1284. Going further back in time, we find that the term comes from antiquity, namely when the deceased was entrusted to the coronator , that is to a necrofor who prepared the corpse according to custom and, among other things, put

8325-414: The entry for each jurisdiction. Coroners, medical examiners and forensic pathologists are different professions. They have different roles and responsibilities. The office of coroner originated in medieval England and has been adopted in many countries whose legal systems have at some time been subject to English or United Kingdom law . In Middle English, the word "coroner" referred to an officer of

8436-494: The evidence presented at an inquest can be used in subsequent civil actions depends on the jurisdiction, though at common law, the inquest verdict was admissible to show cause of death. Coroners' reports and findings, on the other hand, are generally admissible. A coroner's jury deemed Wyatt Earp , Doc Holliday , and their posse guilty in the death of Frank Stilwell in March 1882. Magistrate The term magistrate

8547-439: The exception of Paraná , the Physician-Legists constitute a police career of their own. According to Statistics Canada , Death investigation is the responsibility of each individual Canadian province and territory—there is no overarching federal authority. As a result, each province and territory has developed their own system and legislation to fulfill the mandate of investigating deaths that are unexpected, unexplained, or as

8658-688: The executive magistrates of the district, except the ADM, are under the control of the DM. These magistrates are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an executive magistrate. Normally, the collector of the district is appointed as the DM. Similarly, the sub-collectors are appointed as the SDMs. Tehsildars and deputy/additional tehsildars are appointed as executive magistrates. Under

8769-499: The first class, metropolitan magistrate in metropolitan areas), magistratem of the second class and magistrates of the third class. According to section 10(6 )of the Code of Criminal Procedure (CrPC) 1898, members of the Bangladesh Civil Service (Administration) Cadre in the capacity of assistant commissioner, upozila mirbahi officer and additional deputy commissioner shall be executive magistrates and may exercise

8880-723: The following executive magistrates: There are two classifications of magistrates: judicial magistrates, who are part of the judiciary (court), and executive magistrates, who are government administrative officials and belong to the executive branch of the government. There are four categories of magistrates in the judiciary of India. This classification is given in the Criminal Procedure Code, 1973 (CrPC). It stipulates that in each sessions district , there shall be: The chief judicial magistrate [CJM] (including additional chief judicial magistrates) hear all types of criminal cases. All magistrates' courts are controlled by

8991-577: The highest office, regardless of the formal titles (e.g. Consul, Mayor , Doge), even when that was actually a council. The term " chief magistrate " applied to the highest official, in sovereign entities the head of state and/or head of government . Under the civil law systems of European countries, such as Belgium , France , Italy and the Netherlands , magistrat (French), magistrato (Italian) and magistraat (Dutch) are generic terms which comprise both prosecutors and judges, distinguished as

9102-411: The jury which conclusions are lawfully available in a particular case. The most common short-form conclusions include: Alternatively, an inquest may return a narrative conclusion , a brief statement explaining the circumstances how the person came about their death. A coroner giving a narrative conclusion may choose to refer to the other conclusion. A narrative conclusion may also consist of answers to

9213-434: The jury's conclusion, and have broad discretion, which in many jurisdictions cannot be appealed. The effect of a coroner's verdict at common law was equivalent to a finding by a grand jury , whereas some statutes provide that a verdict makes the accused liable for arrest. Generally, the county or city is responsible for the fees of conducting an inquest, but some statutes have provided for the recovery of such costs. Whether

9324-428: The local authorities, such as municipium , were subordinate only to the legislature of which they generally were members, ex officio , often a combination of judicial and executive power, constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum , 'course of honors'. They held both judicial and executive power within their sphere of responsibility (hence

9435-555: The magistracy are now addressed as "Your Honour" in all states. This was partly to recognize the increasing role magistrates play in the administration of justice, but also to recognize the archaic nature of "Your Worship", and the tendency for witnesses and defendants to incorrectly use "Your Honour" in any event. It is also acceptable to address a magistrate simply as Sir or Madam. There are currently seven magistrates' courts in Hong Kong. Magistrates exercise criminal jurisdiction over

9546-450: The magistrates' court. A wide range of other legal matters are within the remit of magistrates, such as matters relating to licensing and debt collection, for example. In the past, magistrates have been responsible for granting licences to sell alcohol; this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to

9657-449: The medical examiner does not need any medical or educational qualifications. Not all U.S. jurisdictions use a coroner system for medicolegal death investigation—some operate with only a medical examiner system, while others operate on a mixed coroner–medical examiner system. In the U.S., the terms "coroner" and "medical examiner" vary widely in meaning by jurisdiction, as do qualifications and duties for these offices. Advocates have promoted

9768-440: The medical examiner model as more accurate given the more stringent qualifications. Local laws define the deaths a coroner must investigate. The most often legally required investigation is for sudden or unexpected deaths, in addition to deaths where no attending physician was present. Additionally, the law often requires investigations for deaths that are suspicious (as defined by jurisdiction) or violent. In several states across

9879-551: The modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium , or magisterial law. The Consul was the highest Roman magistrate. The Praetor (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law between individual citizens, while the Curule Aediles , who supervised public works in

9990-457: The necessity for holding them, are matters of statutory law in the United States. Statutes may also regulate the requirement for summoning and swearing a coroner's jury. Inquests themselves generally are public proceedings, though the accused may not be entitled to attend. Coroners may compel witnesses to attend and give testimony at inquires, and may punish a witness for refusing to testify according to statute. Coroners are generally not bound by

10101-420: The old CrPC , there was no distinction between the executive and judicial magistrates and some states still follow the old CrPC. The position of stipendiary magistrate in New Zealand was renamed in 1980 to that of district court judge . The position was often known simply as "magistrate" or with the postnominal initials "SM" in newspapers' court reports. In the late 1990s, a position of community magistrate

10212-484: The peace undergo comprehensive training before sitting. There is a mentoring programme to help guide new appointees (mentors are magistrates with at least three years' service). The training, delivered by the Judicial College , covers the necessary law and procedure required for their role. They continue to receive training throughout their judicial career, and are appraised every four years (every two years for

10323-418: The pleas of the Crown"), from which the word "coroner" is derived. This role provided a local county official whose primary duty was to protect the financial interest of the Crown in criminal proceedings. The office of coroner is, "in many instances, a necessary substitute: for if the sheriff is interested in a suit, or if he is of affinity with one of the parties to a suit, the coroner must execute and return

10434-499: The police and other authorities. It used to be a requirement that they live within a 15-mile (24 km) radius of the area they preside over (the commission area ) in case they are needed to sign a warrant after hours. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003 , meaning magistrates no longer need to live within 15 miles (24 km); although, in practice, many still do. Section 7 of

10545-404: The police are to assist the executive magistrate. Executive magistrates can dictate to the police the manner of force ( baton charge , tear gas, blank fire, firing) and how much force should be used. They can also seek the assistance of the armed forces to quell a riot . There are, in each revenue district (as opposed to a sessions district) the following kinds of executive magistrates: All of

10656-425: The power of sheriffs or bailiffs . Depending on the jurisdiction, the coroner may adjudge the cause of death personally, or may act as the presiding officer of a special court (a " coroner's jury "). The term coroner derives from the same source as the word crown . Responsibilities of the coroner may include overseeing the investigation and certification of deaths related to mass disasters that occur within

10767-416: The power of executive magistrates within their existing respective local areas. Besides this, according to the provision of the section 10(5), the government may, if it thinks it expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an executive magistrate and confer the powers of an executive magistrate on any such member. Every administrative district has

10878-513: The process of the courts of justice." This role was qualified in Chapter 24 of Magna Carta in 1215, which states: "No sheriff, constable, coroner or bailiff shall hold pleas of our Crown." "Keeping the pleas" was an administrative task, while "holding the pleas" was a judicial one that was not assigned to the locally resident coroner but left to judges who traveled around the country holding assize courts . The role of custos rotulorum or keeper of

10989-537: The role of a coroner: to determine the cause of death of a deceased in cases where the death was sudden, unexpected, occurred abroad, was suspicious in any way, or happened while the person was under the control of central authority (e.g., in police custody ). Until 2013 a qualified medical practitioner could be appointed, but that is no longer possible. Any medical coroner still in office will either have been appointed before 2013, or, exceptionally, will hold both medical and legal qualifications. Formerly, every justice of

11100-691: The scope of the judiciary to designate prosecutors and judges, the term magistrado was also used to designate certain government officials, like the former civil governors of district . These were referred as "administrative magistrates", to distinguish them from the judiciary magistrates. The President of Portugal is considered the Supreme Magistrate of the Nation. In Finland, maistraatti (the Finnish-language cognate of "magistrate", officially translated as "local register office" )

11211-503: The senior lawyers of the local bar. There are four types of magistrate Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some state jurisdictions and in federal courts. The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants , reviewing arrests , etc. When used in this way, it does not denote

11322-443: The solemnity of the court process to defendants. Robing is being considered for magistrates in other states; however, neither counsel nor solicitors appear robed in any Australian magistrates' court. Robing in summary courts is unlikely to extend to the legal profession. Historically, magistrates in Australia have been referred to as "Your Worship". (From Old English weorthscipe , meaning being worthy of respect.) However, members of

11433-401: The state, called magistrates' courts, Local Court , or courts of petty sessions. Magistrates hear bail applications, motor licensing applications, applications for orders restraining a given individual from approaching a specific person ("intervention orders" or "apprehended violence orders"), summary criminal matters , the least serious indictable criminal matters , and civil matters where

11544-539: The terms "magistrate" or "chief magistrate" were sometimes used in the early days of the republic to refer to the president of the United States , as in President John Adams 's message to the U.S. Senate upon the death of George Washington : "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (19 December 1799). In

11655-405: The terms of the warrant . The executive magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area ( Section 163 , BNSS). There is no specific provision to order a " curfew ". The executive magistrates alone are authorised to use force against people. In plain language, they alone can disperse an " unlawful assembly ". Technically,

11766-762: The time, cause and manner of death. Inquest An inquest uses witnesses, but suspects are not permitted to defend themselves. The verdict can be, for example, natural death, accidental death, misadventure, suicide, or murder. If the verdict is murder or culpable accident, criminal prosecution may follow, and suspects are able to defend themselves there. Since juries are not used in most European civil law systems, these do not have any (jury) procedure similar to an inquest, but medical evidence and professional witnesses have been used in court in continental Europe for centuries. Larger inquests can be held into disasters , or in some jurisdictions (not England and Wales ) into cases of corruption . The inquest , as

11877-474: The title "coroner" or "medical examiner" depending on location. They do not determine civil or criminal responsibility, but instead make and offer recommendations to improve public safety and prevention of death in similar circumstances. Coroner or Medical Examiner services are under the jurisdiction of provincial or territorial governments, and in modern Canada generally operate within the public safety and security or justice portfolio. These services are headed by

11988-421: The total assets are A$ 700,000 or less and consumer law matters (trade practices) where the amount claimed is less than $ 750,000. The first Chief Federal Magistrate , Diana Bryant left the court in 2004 when she was appointed Chief Justice of the Family Court of Australia, the third person to be appointed that position since the establishment of the Family Court. Eventually, the Federal Magistrates' Court assumed

12099-470: Was an opportunity to offer or provide that care that was not taken. An open conclusion should only be used as a last resort and is given where the cause of death cannot be identified on the evidence available to the inquest. Conclusions are arrived at on the balance of probabilities ; prior to 2020, conclusions of suicide or unlawful killing were required to be proved to the criminal standard of beyond reasonable doubt. The coroner service in England and Wales

12210-506: Was created for District Courts on a trial basis. A community magistrate sits in the hierarchy just below a district court judge. They only have criminal case jurisdiction. They are lay judicial officers, not needing to hold a law degree, although many do. In Sri Lanka, a magistrate is a judicial officer appointed to preside over a magistrate's court to a particular jurisdiction under the Judicature Act No 02 of 1978 . The post

12321-429: Was formally known as police magistrate when the courts were known as police magistrate courts. Magistrates have jurisdiction over the criminal cases filed under the penal code. They carry out first mortem and post mortem examinations, issue search warrants and arrest warrants, produce suspected persons and grant bail. In many cases, magistrates preside over primary courts Unofficial magistrates can be appointed from among

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