Inquests Act
This item requests the name, sex, and approximate age of the deceased.
- Jurisdiction
- Malawi
- Instrument
- Act or statute
- Citation
- Act 9 of 1948
- Version
- 31 Dec 2014
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This item requests the name, sex, and approximate age of the deceased. Section heading: “Nationality or Tribe”. Section 3 is titled “Occupation” and does not state a substantive rule in the text provided. This section is a blank entry for recording the date, hour, and place of death. This section is titled “Supposed cause of death” and contains no operative rule in the text shown.
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Provisions of Inquests Act
Showing 14 of 14
Part IV
Miscellaneous provisions
- 1 Verify source ↗
Section 1
This item requests the name, sex, and approximate age of the deceased.
1. Name, sex and approximate age of deceased ________________ - 2 Verify source ↗
Section 2
Section heading: “Nationality or Tribe”.
2. Nationality or Tribe ________________ - 3 Verify source ↗
Section 3
Section 3 is titled “Occupation” and does not state a substantive rule in the text provided.
3. Occupation ________________. - 4 Verify source ↗
Section 4
This section is a blank entry for recording the date, hour, and place of death.
4. Date, hour and place of death ________________________ - 5 Verify source ↗
Section 5
This section is titled “Supposed cause of death” and contains no operative rule in the text shown.
5. Supposed cause of death __________________________ - 6 Verify source ↗
Section 6
Identifies the person who found the body or first gave information of the death.
6. Person who found body or gave first information of death ______________________________________ - 7 Verify source ↗
Section 7
Refers to the date and hour when first information was received by police or the Chief.
7. Date and hour first information received by police or Chief ____________________________________ - 8 Verify source ↗
Section 8
Section 8 concerns the circumstances of death and the names of persons who can give information about it.
8. Circumstances of death and names of persons who can give information thereof ________________ - 9 Verify source ↗
Section 9
A form field asks for the name of the police officer or Chief who made the first investigation.
9. Name of police officer or Chief making first investigation ______________________________ - 10 Verify source ↗
Section 10
Section 10 is titled “Date and time of investigation.”
10. Date and time of investigation ______________________________ - 11 Verify source ↗
Section 11
This section is a prompt to describe where and how the body was found.
11. Describe where and how body found ______________________________ - 12 Verify source ↗
Section 12
A blank space is provided to record any marks of violence.
12. Marks of violence (if any) ____________________________ - 13 Verify source ↗
Section 13
This section is a blank prompt for stating any circumstances of suspicion, if any.
13. Circumstances of suspicion (if any) __________________________ - 14 Verify source ↗
Section 14
The text includes coroner/inquest forms and post-mortem examination instructions, including fee rules for medical practitioners.
14. Date and hour when report sent to coroner ____________________ Having made full inquiries I have the honour to report that— (i) there are no suspicious circumstances surrounding the death nor are there any marks of violence on the body. (ii) in my opinion an inquest ought to / need not * ________________ be held; * Strike out the statements of fact which are not applicable. (iii) the body has been viewed by me and buried at __________________ I am satisfied that the body viewed by me was the body of ____________________________ (iv) the body has been sent by me to ________________________________ (v) the following persons have been arrested (or are about to be arrested) in connexion with the death on the charges stated hereunder— Station ________________________________ Police Officer/Chief/Administrative Officer I order that an inquest be opened at __________________________ on the __________ day of __ 19 ______. (or) I do not consider that an inquest is necessary or desirable. Date ____________________ __________________________ Coroner Form C – Order for post-mortem examination (Section 12) The Inquests Act To ______________________________ Dr ______________________________ Whereas I am credibly informed that one ____________________ has died in circumstances which may require the holding of an inquest under the Inquests Act, you are hereby authorized and required to make a post-mortem examination of the body of the said whichwill be delivered to you by and to make a report to me thereon: Given under my hand at this ____ day of ________________ 19 ____ ________________________ Coroner Form D – Report of post-mortem examination (Section 13) The Inquests Act To the ______________________________ I Hereby Certify that, at (1) ____________ on the day of ________, 19 __________, commencing at the hour of ____________ I examined the body of (2) __________ (3) __________ (4) __________ (1) Place. (2) Sex. (3) Race (European, African, Asiatic or mixed). (4) Infant, child or adult. That the body was identified by ______________ of ______________ as being that of (5) ____________________ (5) Name of deceased. That as the result of my observations, a schedule of which is appended, I have formed the opinion that the death occurred (6) ______________________ prior to my examination, and that it was due to (6) Approximate time in hours, days etc. (7) ________________________________________________________________________________________________ (7) Give cause or causes of death as evidenced solely by objective appearances. If more than one cause state primary first. If the cause of death has not been found the fact must be recorded. (8) Remarks ______________________________________________________________________________________ (8) These should always include a brief statement by the officer in charge of the case (who should attend the postmortem) of the circumstances in which death is reported to have taken place. Appearances which raise a presumption of criminality or of culpable neglect should also be briefly referred to here. See also Note (H) Dated at ____________ this ______ day of ______ 19 ______ Signature __________________________ Qualifications ______________________ Designation ________________________ Schedule of observations (See Note (A)) External appearances (9) ____________________________________________________________________________________________________________________________________ (9) Note position and attitude of body; state of pupils; condition as to nutrition; bodily warmth, and rigidity; presence of p.m. lividity and signs of putrefaction; presence of bruises, wounds, bums, fractures or other injuries; positions, form, direction and dimensions of injuries; condition of external apertures of body and presence of injury to or foreign bodies in same. See also Note (B) and (H). Age of deceased: Apparent ______________________ Reputed ________________________________ Skull and its contents (10) ________________________________________ (10) In addition to contents of cranium those of orbits, nasal cavities, etc., may be noted here. Mouth, Pharynx and Oesophagus __________________________ Pericardium Pericardial Sac, and Heart (11) ________________________ (11) In case of suspected irritant metal poisoning, the endocardium lining the left ventricle should be carefully examined and the presence or absence of petechial or arger haemorrhages noted. Large Blood - vessels (12) ________________________________ (12) Indications of disease in aorta, thrombosis or suppuration in large veins, etc., maybe noted here. Larynx, Trachea and Bronchi ____________________________ Pleurae, Pleural Sacs and Lungs: __________________________ Right ________________________________________ Left __________________________________________ Thymus, Thyroid and Lymphatic Glands (13) ________________________ (13) Special attention should be paid to these organs in cases of sudden death not explained by other changes. Peritoneum and Peritoneal Sac (14) __________________________ (14) Special attention should be paid, in the female, to the pouch of Douglas. Spleen ____________________________________ Stomach (15) and Omenta ______________________________ (15) The entire stomach should be ligatured off at both ends, removed from the body, planed in a clean dish, opened along its lesser curvature and a careful note made of its contents and the appearance of its inner surfaces. Where poisoning is suspected the stomach and its contents should then be transferred to one of the two small special jars provided by the laboratories for this purpose. In such cases both kidneys and the whole liver should also be removed and placed together in the large jar. See also Note (C). Intestines (16) and Mesentery ______________________________ (16) Where poisoning is suspected the intestines should, after removal of the stomach, be removed, slit open, washed out and the appearance of the mucous membrane, especially that of the rectum, then carefully examined and noted. The presence or absence of solid faeces in the lower bowel should also be noted before the intestines are washed out. It is very rarely necessary to forward the intestines to the laboratory. Vermiform Appendix ____________________________________ Liver (17) , Gall Bladder and Bile Ducts __________________________ (17) See note (15) above Kidneys (18) , Ureters and Suprarenal Glands: __________________ (18) See note (15) above Right ________________________________________ Left __________________________________________ Urinary Bladder (19) and Urethra ________________________________ (19) In all cases of suspected poisoning any urine which the bladder may contain should be preserved. In other cases, unless putrefaction be advanced, an examination of a sample of the urine may throw light on the cause of death. Pancreas ________________________________________ Generative Organs (20) ____________________________________ (20) In females, where abortion is suspected, after a thorough vaginal examination, the pelvic organs should be removed from the body in a mass, after ligaturing of the intestines, and the various organs dissected out one by one. To do this it is advisable to saw through the symphisis, separate the pelvic bones and remove all the tissues from the pelvis by cutting close to bones. NB.—The condition of the uterus and appendages, the presence or absence of products of conception, signs of recent delivery, etc., should always be noted. Spinal Column and Spinal Cord (21) ______________________________ (21) The spinal cord need only be exposed when positive information may be expected from its examination. Fractured-dislocation, especially in the upper cervical region, should always be examined for by manipulation; if detected, it should be investigated by dissection. Additional Observations Organs, Parts or Material reserved for further investigation, and how disposed of ________________________________________ Notes (A) The scheme, as given here, for the examination of a body is devised to meet the maximum requirements of any case. Although the following out of this scheme in every detail may be but rarely necessary, yet the examination of the body and its organs should be, in all cases, as exhaustive as the circumstances warrant and the occasion permits. A Medical Officer may be called upon to give considerably more information — arising from his examination of the body — than the mere cause of death. In the event of the death forming the subject of court proceedings, any omission to examine a particular part of an organ may, by providing cause for uncertainly, seriously prejudice the course of justice: the responsibility for such omission must He with the Medical Officer who conducted the autopsy. All the cavities of the body, as a rule, should be opened, even though an apparently sufficient CAUSE OF DEATH may have been found in the region first examined. When there is definite suspicion as to the cause of death, that cavity is to be opened first in which the principal changes are supposed to exist. In the case of a new - born child, when it has to be determined whether the child has breathed or not, the trachea should first be ligatured above the sternum, the abdomen opened and the position of the diaphragm ascertained, and the thorax then opened and its organs removed — after dividing the trachea above the ligature. In all other cases the head should be opened first, the thorax, and lastly the abdomen. (B) If the body be that of an unknown person, the apparent age, the height, colour of eyes and hair, number and condition of teeth, deformities, scars and tattoo marks should be noted as aids to subsequent identification. (C) When the viscera are being kept for chemical investigation, in cases of suspected poisoning, no preservative of any kind should be added to them, except under the following circumstances:— Where ordinarily it is not possible for the viscera to reach the laboratory within 48 hours of removal from a body or where the viscera are decomposed, the addition of spirit of wine thereto should be made, and the fact noted on the label to be attached to the jar. A sample of the spirit used should be forwarded with the jar in a sealed and labelled bottle. It is to be carefully noted that no preservative other than spirit of wine is to be used. If spirit of wine is not available, no preservative is to be added. Methylated spirit (which contains pyridine) must be strictly avoided. (D) When it is suspected that delivery has recently occurred at term, the breasts and the skin of the anterior abdominal wall should be examined and their condition noted. In case of suspected rape, or of violation of the dead, some of the secretion should be removed from the vaginal fomices and smeared upon clean glass slides for subsequent examination. (E) When individual organs are found enlarged, or wasted, their actual weight should, if possible, be ascertained and noted. (F) It may happen that a definite opinion as to the cause of death cannot be formed without a microscopic examination of tissues. In such cases, small pieces of organs should be placed in spirit and water (50% methylated spirit) and preserved for further investigation. When death may possibly have resulted, from anthrax, malaria, leukemia, etc., blood-smears should be made upon clean glass slides preserved for microscopic examination. (G) It is not necessary to record upon this form observations upon organs which show no evidence of injury or disease; the word “normal” is all that need be written in such cases. (H) In the absence of a police officer, the clothing of the body should be noted and any observations concerning its surroundings or the conduct of outsiders which are likely to be of use in the subsequent inquiry should be briefly recorded in the Report under the heading “Remarks”. (J) At the conclusion of the necropsy the Medical Officer should see that the organs, if not required for further investigation, are returned to their proper cavities, and that the cavities are suitably closed. These precautions facilitate a re-examination should such be called for. [Please note: numbering as in original] Form E – The inquisition (Section 24) The Inquests Act An inquisition taken at ____________________ in the District of ____________ in Malawi, the ____________ day of ________ 19 ____, before ______ on the view of the body of one ______________ then and there lying dead. Now I, __________________________ charged to inquire when, where, how and after what manner the said ______________________ came to his/ her death say that the following particulars have been disclosed— 1. Name of deceased 2. Residence and occupation 3. Means of identity 4. Where found, when, and under what circumstances 5. Date of death 6. Cause of death 7. Offence (if any) to which death attributable And I, the said ______________ say that my verdict is __________________ In witness whereof I have to this inquisition set my hand and the seal of my Court the ______ day of ______ 19 ____. ____________________________________ Station Coroner Second Schedule (Section 31(2)) 1. These Rules may be cited as the Inquests (Post-Mortem Fees) Rules. 2. A medical practitioner, other than a Government medical officer who was appointed to the public service after the 1st January, 1934, carrying out an external inspection by order of the coroner or a police officer (but not otherwise), shall receive a fee of £1 Is. Od. or £3 3s. Od. for a complete post-mortem examination. These fees shall include the prescribed report to the coroner, and giving evidence, if required at the inquest. 3. No fee shall be payable for post-mortem examination and evidence in the case of prisoners or inmates of Government hospitals, mental hospitals and institutions except where an autopsy is performed by order of the coroner or a police officer when a fee of £2 2s. Od. shall be payable. 4. A fee of £3 3s. Od. shall be payable to a medical practitioner, other than a Government medical officer who was appointed to the public service after the 1st January, 1934, who is required to superintend the exhumation of a body, in addition to the fee authorized for an external inspection or complete post-mortem examination. 5. Any reasonable travelling expenses, to be assessed by the coroner, which have been incurred by a medical practitioner in complying with any service ordered to be performed by him shall be payable to such medical practitioner.
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