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Visiting Forces Act 1952

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This is the original version (as it was originally enacted).

7Provisions as to coroners' inquests and as to removal of bodies of deceased persons

(1)If any coroner having jurisdiction to hold an inquest touching a death is satisfied that the deceased person at the time of his death had a relevant association with a visiting force, then unless the Secretary of State otherwise directs the coroner shall not hold the inquest or, if the inquest has been begun but not completed, shall adjourn the inquest and, if a jury has been summoned, shall discharge the jury.

(2)Subject to the last foregoing subsection, if on an inquest touching a death the coroner is satisfied—

(a)that a person who in accordance with section two of this Act is subject to the jurisdiction of the service courts of a country to which this section applies has been charged before a court of that country with the homicide of the deceased person, whether or not that charge has been dealt with, or

(b)that such a person is being detained by an authority of that country with a view to being so charged,

then unless the Secretary of State otherwise directs the coroner shall adjourn the inquest and, if a jury has been summoned, shall discharge the jury, and shall furnish the registrar of deaths with a certificate stating the particulars necessary for the registration of the death so far as they have been ascertained at the inquest.

(3)Where an inquest is adjourned under this section the coroner shall not resume it except on the direction of the Secretary of State and, if he does resume it, shall proceed in all respects as if the inquest had not previously been begun, except that it shall not be obligatory on the coroner to view the body or to furnish the registrar of deaths with any certificate or further certificate, as the case may be.

(4)Section four of the Births and Deaths Registration Act, 1926 (which restricts the removal out of England of the body of a deceased person) shall not apply to the body of a person who at the time of his death had a relevant association with a visiting force:

Provided that this subsection shall not apply as respects the body of a person concerning whose death, by virtue of a direction of the Secretary of State under subsection (1) or (3) of this section, an inquest is required to be held or, if begun, is required to be resumed.

(5)Notwithstanding subsection (1) of section two of the said Act of 1926 (which relates to certificates to be given to persons giving information concerning deaths), the registrar shall not give a certificate under that subsection to the person giving information concerning a death if that person informs the registrar that the body is one as respects which the last foregoing subsection has effect and that it is proposed to remove the body out of England.

(6)In this section the expression " homicide " includes murder, manslaughter, infanticide and any offence under the law of the country in question which is analogous to any of those offences.

(7)In the application of this section to Northern Ireland for the references to the Secretary of State there shall be substituted references to the Minister of Home Affairs for Northern Ireland, and subsections (4) and (5) shall be omitted.

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