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21 Medico-Legal J. 1 (1953)

handle is hein.journals/medlgjr21 and id is 1 raw text is: 





THE MEDICO-LEGAL


                    JOURNAL


 Vol. XXI                          19E3                        Part One



                              EDITORIAL

THE publication of the Coroner's Rules, 1953, as promulgated by the Lord
Chancellor and the Chancellor of the Duchy of Lancaster serves to give statutory
effect to what has been the good and established practice of the majority of coroners
for a long time. That there have been exceptions to this uniformity of conduct
and procedure-albeit a very small minority-has been a source of irritation none
the less to the majority of coroners than to those who are concerned with the interests
of the public, doctors and lawyers. Coroners as a whole therefore will welcome
as much as the rest of the community the fact that their wayward brethren must
now conform to rules which bear official sanction.
   Not the least satisfactory rule is that which renders documentary evidence
inadmissible unless the coroner is satisfied that there is good and sufficient reason
why the maker of the document should not attend the court. Evidence, for
example, of post mortem examination may be the crux of the inquiry and it is
right and proper that such evidence should be open to further examination and
cross-examination. It is also made clear that the court is concerned only with the
identification, mode and place of death of the deceased and that all matters of civil
liability are outside its scope and jurisdiction, a fact which has always obtained
but which has not deterred counsel and others from engaging in fishing expeditions.
There will also be general satisfaction that the Rider-for too long a two-edged
weapon in the hands of a possibly well-meaning but incompletely informed jury-
no longer has any place in the record, unless directed to the prevention of the
recurrence of similar fatalities.
   On the whole the Chancellors have been well served by the committee which
advised them on these rules, which should serve to cement the good relations which
already exist between all parties concerned with the important services rendered
to the community by these ancient courts.