AI-assisted research summary: This law lets the Bailiff or Viscount arrange post-mortem examinations in connection with an inquest, and it sets out who must act on the results.
Jersey Law 10/1951 INQUESTS AND POST-MORTEM EXAMINATIONS (JERSEY) LAW, 1951. ____________ A LAW to amend the Law regarding the ascertainment of cause of death, sanctioned by Order of His Majesty in Council of the 28th day of APRIL, 1951. ____________ ( Registered on the 26th day of May, 1951 ). ____________ STATES OF JERSEY. ____________ The 30th day of January, 1951. ____________ T HE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 In this Law “medical practitioner” means a physician or surgeon registered by the Royal Court under the enactments for the time being regulating the exercise in the Island of the profession of medical practitioner or a physician or surgeon being a member of the Armed Forces of the Crown on active service in the Island. ARTICLE 2 (1) Where the Bailiff is of the opinion that a post-mortem examination of the body of a deceased person might obviate the necessity of an inquest for the purpose of ascertaining the cause of death of that person, he may direct any medical practitioner to make a post-mortem examination of the body and to report the result thereof to him in writing. (2) The powers conferred upon the Bailiff by this Article shall be in addition to, and not in derogation of, any powers which would otherwise be exercisable by him. ARTICLE 3 (1) If, as the result of a post-mortem examination made in pursuance of Article 2 of this Law, the Bailiff is satisfied that an inquest is unnecessary, he shall authorize the medical practitioner who made the examination to deliver to the Registrar of the parish in which the death took place a certificate stating the cause of death as disclosed by the examination, and the Registrar shall make an entry in the Register of Deaths accordingly. (2) Where a certificate has been delivered in accordance with the provisions of paragraph (1) of this Article, the delivery to the Registrar of a medical certificate of cause of death under paragraph 5° of Article 19 of the “Loi (1842) sur l’Etat Civil”, 1 as amended, 2 shall not be required. (3) In this Article “Registrar” means a Registrar of births, marriages and deaths appointed in pursuance of the “Loi (1842) sur l’Etat Civil”. 3 [ARTICLE 4 (1) Without prejudice to the power of the Viscount, when holding an inquest, to direct a post-mortem examination of the body of the deceased, he may, at any time after the holding of the inquest has been ordered, request any medical practitioner to make a post-mortem examination of the body. (2) If any person who has made such a post-mortem examination as aforesaid is summoned as a witness at the inquest, he may be asked to give evidence as to his opinion on any matter arising out of the examination and as to how, in his opinion, the deceased came by his death. (3) Where a person lodges with the Viscount an affidavit that, in his belief, the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner, that medical practitioner shall not be allowed to perform, or assist at, any post-mortem examination made for the purposes of the inquest on the deceased, but such medical practitioner shall have the right, if he so desires, to be present, or to be represented, at the examination.] 4 ARTICLE 5 Where a medical practitioner makes a post-mortem examination in pursuance of this Law, he shall have the like powers, authorities and immunities as if the examination were a post-mortem examination made on the direction of the Viscount at an inquest. ARTICLE 6 There shall be payable to a medical practitioner who makes a post-mortem examination in pursuance of this Law a fee of the same amount and out of the same sources as the fee payable to a medical practitioner in respect of a post-mortem examination made by him on the direction of the Viscount at an inquest. * * * * * * 5 ARTICLE 8 This Law may be cited as the Inquests and Post-mortem Examinations (Jersey) Law, 1951. 1 Tomes I-III, page 96. 2 Tomes IV-VI, page 330. 3 Tomes I-III, page 86. 4 Article substituted by Inquests and Post-mortem Examinations (Amendment) (Jersey) Law, 1952. 5 Article repealed by Loi (1965) (Amendement) sur les Levées de Corps (Volume 1963–1965, page 564).