1.—(1) These Rules may be cited as the Coroners (Amendment) Rules 2004 and shall come into force on 5th April 2004.
(2) In relation to a summons issued under section 8 of the Coroners Act 1988 before 5th April 2004, any question as to the eligibility for, or disqualification or excusal from, jury service of the person summoned is to be determined by reference to the provisions of section 1 of and Schedule 1 to the Juries Act 1974 (1) and to the provisions of rule 51 of the Coroners Rules 1984 (2) as in force before that date.
2. In rule 46 of the Coroners Rules 1984 (Notice to accompany summons) for “Rules 51(1) and 52” there shall be substituted “Rules 51 and 52”.
3. For rule 51 of the Coroners Rules 1984 (Excusal for certain persons and discretionary excusal) there is substituted —
“51.—(1) If any person summoned under section 8 of the 1988 Act (3) shows to the satisfaction of the appropriate officer that there is good reason why he should be excused from attending in pursuance of the summons, the appropriate officer may, subject to the following provisions of this rule, excuse him from so attending.
(2) Without prejudice to paragraph (1) above, the appropriate officer shall excuse a full-time serving member of Her Majesty’s naval, military or air forces from attending in pursuance of a summons if that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty.
(3) Paragraph (2) above does not affect the application of paragraph (1) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where he is not entitled to be excused under paragraph (2).
(4) Without prejudice to paragraph (1) above, where a person summoned under section 8 of the 1988 Act is a coroner, the appropriate officer shall excuse him from attending in pursuance of that summons if it was issued in relation to the area for which he has been appointed coroner under section 1(1) of the 1988 Act (4), deputy or assistant deputy coroner under section 6 of that Act, or in relation to which he is acting as coroner under section 5(3) of that Act.
(5) In the case of a coroner appointed for such an area as is mentioned in section 1(1)(c) or 1(1)(d) of the 1988 Act which has been divided into coroners' districts pursuant to section 4(2) of that Act (5), the reference in paragraph (4) above to the area for which he has been appointed shall be construed as a reference to the district to which he has been assigned under section 4(4) of that Act.
(6) Paragraph (4) above does not affect the application of paragraph (1) above to a coroner in a case where he is not entitled to be excused under paragraph (4).
(7) Without prejudice to the preceding provisions of this rule, the coroner before whom a person is summoned to attend under section 8 of the 1988 Act may excuse that person from so attending.”
4. In Schedule 4 to the Coroners Rules 1984, in Form 5, for the words from “3. YOU ARE ENTITLED” to the end of that sentence there is substituted —
“3. YOU ARE ENTITLED TO BE EXCUSED if you fall within any of the categories of persons described in Rule 51(2) or (4) of the Coroners Rules 1984** (although you may serve if you want to).”
Filkin
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
17th March 2004
I concur,
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
25th March 2004