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Obligation on coroner to sit with jury in certain cases.
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40.—(1) An inquest shall be held with a jury if, either before or during the inquest, the coroner becomes of opinion—
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(a) that the deceased came by his death by murder, infanticide or manslaughter, or
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(b) that the death of the deceased occurred in a place or in circumstances which, under provisions in that behalf contained in any other enactment, require that an inquest should be held, or
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(c) that the death of the deceased was caused by accident, poisoning or disease of which, under provisions in that behalf contained in any other enactment, notice is required to be given to a Minister or Department of State or to an inspector or other officer of a Minister or Department of State, or
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(d) that the death of the deceased was caused by an accident arising out of the use of a vehicle in a public place, or
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(e) that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public.
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(2) The jury at an inquest shall be sworn by or before the coroner.
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(3) Where a coroner, before commencing or resuming an inquest in relation to any death, is informed by a member of the Garda Síochána not below the rank of inspector that he will request an adjournment of the inquest on the ground either that criminal proceedings in relation to the death are being considered or have been instituted, every (if any) obligation under subsection (1) of this section to hold the inquest with a jury shall be deemed to be suspended unless and until the full hearing of the inquest takes place.
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