Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“The Coroners’ Act, 1887, did little more than codify the principal
features of the law and practice of coroners, which had become confused
and complicated by numerous statutes dating from the reign of Edward
I. In 1893 a Select Committee was appointed to ‘inquire into the
sufficiency of the existing law as to the disposal of the dead, for
securing an accurate record of the causes of death in all cases, and
especially for detecting them where death may have been due to poison,
violence, or criminal neglect.’ The report of that committee indicated
the urgent necessity for reform. The Inter-Departmental Committee on
Physical Deterioration which sat in 1903 also directed attention in
their report (_vide_ Bill) to the dangers incidental to the defects in
the law relative to the registration and certification of deaths and
recommended the registration of still births.
“The law relating to coroners is not adapted to modern necessities;
its administration is costly to local authorities without securing
efficiency in results.
“In December, 1908, a Departmental Committee of the Home Office was
appointed to inquire into the law relating to coroners and coroners’
inquests, and into the practice in coroners’ courts.
“The provisions of this Bill are intended to give effect to many of
the recommendations of the Departmental Committee of 1908, and of the
Death Certification Committee of 1893.
“The report of the Departmental Committee drew attention to anomalies
existing in the appointment of coroners in certain ‘franchise
districts’ in the qualifications required of coroners, the conditions
of their appointment, the mode of their remuneration, the provision of
deputies, the areas of jurisdiction, etc.
“The law does not at present contemplate inquiry by a coroner except in
view of a subsequent formal inquest, nor can he order a _post mortem_
examination except in a case of inquest. The coroner’s officer, to whom
important duties are confided, is an official unknown to the law. The
viewing of the body by the jury is still compulsory, though no longer
deemed necessary in all cases. Attention was also directed by the
Committee of 1908 to the need for better provision in regard to skilled
medical investigators and to the remuneration of medical witnesses.
“The Departmental Committee recall the findings of the Select
Committee on Death Certification of 1893, which have not hitherto been
the subject of legislation, as bearing directly on the functions of
the coroner. Thus at present the law does not require a certificate of
death to _certify as to the fact of death_,[7] or as to the identity of
the deceased, but merely the cause of death. They further state that
‘it is no fault of the law if premature burials do not take place.
_The present law of death certification offers every opportunity for
premature burial and every facility for concealment of crime._’”[7]
Public-domain text, read in full here on John Shaqi.
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