Singapore legislation

Section 280

of Criminal Procedure Code

Section 280

Adjournment of inquiry in cases of murder, culpable homicide not amounting to murder, or causing death by rash or negligent act, when any person has been charged before a court in connection with such death

(1)

If on an inquiry touching the death of any person a Coroner is informed that some person has been charged before a District Judge or Magistrate with the murder, culpable homicide not amounting to murder, or causing death by a rash or negligent act, of the deceased, he shall, in the absence of reason to the contrary, adjourn the inquiry until after the conclusion of the criminal proceedings.

(2)

After the conclusion of the criminal proceedings the Coroner may, subject as hereinafter provided, resume the adjourned inquiry if he is of opinion that there is sufficient cause to do so:Provided that, if in the course of the criminal proceedings any person has been committed for trial before the High Court or tried by a District Judge, then upon the resumed inquiry no inquisition shall charge that person with an offence of which he could have been convicted at the trial or contain any finding which is inconsistent with the result of those proceedings.

(3)

Where a Coroner resumes an inquiry which has been adjourned in accordance with this section, he shall continue with the inquiry from the stage at which it was adjourned.

(4)

If, having regard to the result of the criminal proceedings, the Coroner decides not to resume the inquiry he shall endorse his record accordingly and also the certificate required under section 299 and shall transmit the depositions and records to the Public Prosecutor together with the certificate duly filled up and signed by him as required under section 299 in the case of a completed inquiry. He shall also send a copy of the certificate to the Commissioner of Police.

(5)

It shall be the duty of the District Judge or Magistrate before whom a person is charged with murder, culpable homicide not amounting to murder or causing death by a rash or negligent act to inform the Coroner who is responsible for holding an inquiry of the result of the criminal proceedings before him, and it shall be the duty of the Registrar of the Supreme Court to inform the Coroner of the result of any proceedings before the High Court or the Court of Criminal Appeal. [Form 44. Forms 45 and 46.]

(6)

For the purpose of this section, “criminal proceedings” means the proceedings before the Magistrate at a preliminary inquiry, and before any court by which the accused person is tried or before which an appeal from the decision of that court is heard, and criminal proceedings shall not be deemed to be concluded until no further appeal or action can be made in the course of them. [279