Sierra Leone
Medical Examiners Act, 2021
Act 4 of 2021
- Published in Sierra Leone Extraordinary Gazette 34 on 5 July 2021
- Assented to on 23 June 2021
- Commenced on 5 July 2021
- [This is the version of this document from 5 July 2021.]
Part I – Preliminary
1. Interpretation
In this Act, unless the context otherwise requires—"body" means a dead person, and includes any part of a dead person (whether or not the identity of the person concerned is known when the part is discovered or is later determined) but does not include a foetus or a still-birth child;"cause of death" includes not only the apparent cause of death as ascertainable by inspection or examination of a body, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death;"investigation" means an investigation into a death conducted by the Chief Medical Examiner and includes a post-mortem examination;" Chief Medical Examiner" means the Chief Medical Examiner appointed under section 3;"medical treatment or care" includes any operation, surgical, diagnostic or therapeutic procedure;"Minister" means the Minister of Internal Affairs;"Office of the Chief Medical Examiner" means the Office of the Chief Medical Examiner or his designate established under section 2;"pathologist" means a medical practitioner who is registered as a specialist in pathology under the Medical Practitioners and Dental Surgeons Act 1994;[Act No. 12 of 1994]"place of custody" means a place in which a person may lawfully be held, confined, detained or committed;'"reportable death" means a death specified as reportable under subsection (2) of section 8."Custody" means a person held, confined or detained under the guardianship of someone or an institution."Rescuer" means someone authorised by the Chief Medical Examiner to assist with the retrieval and preservation of bodies.Part II – Establishment of Office of the Medical Examiner
2. Establishment of Office of Medical Examiner
3. Appointment and qualification of Chief Medical Examiner
4. Tenure of office of Chief Medical Examiner
5. Remuneration of Chief Medical Examiner
6. Appointment and qualifications of Deputy Chief Medical Examiner
7. Regional offices
Part III – Reporting deaths and preserving records
8. Reportable death
9. Obligation to report death in custody or care
10. Police officer to report to Chief Medical Examiner
A police officer who comes across or receives information about a death, which is, or appears to be, a reportable death shall, as soon as reasonably practicable,—11. Viewing of body by Chief Medical Examiner
12. Body not to be moved
13. Duty to preserve medical records
14. Certification and completion of report of death
15. Certificate as evidence
16. Findings of Chief Medical Examiner
The findings of the Chief Medical Examiner shall identify the cause, manner, date, time and place of death of the deceased and shall be made with reasonable care based on a preponderance of the evidence.17. Custodian of records
18. Confidential information
Part IV – Functions and powers of the Chief Medical Examiner
19. Functions of Chief Medical Examiner
The Chief Medical Examiner shall be responsible to—20. Conduct of investigation
21. Post-mortem examination
22. Purpose of investigation
23. Post-mortem examination report
24. Power to order exhumation
The Chief Medical Examiner may, order the exhumation of a body or the remains of a body, for the purpose of discharging any of his duties, or exercising any of his powers under this Act.25. Power to order release for burial, cremation, etc.
Part V – Funds and accounts of the Office of the Medical Examiner
26. Funds of Office of Medical Examiner
27. Accounts and audit of Office of Medical Examiner
28. Internal auditor
29. Financial year of the Office of Medical Examiner
The financial year of the Office of the Medical Examiner shall be same as the financial year of the Government.30. Annual report
Part VI – Miscellaneous provisions
31. Repeal of Cap 9
The Coroners Act, 1907 (Cap 9) is hereby repealed.32. Regulations
The Minister shall in consultation with the Chief Medical Examiner, make such regulations, orders and rules, as may be considered necessary or expedient to give effect to and for the better carrying out the objects and purposes of this Act.History of this document
05 July 2021 this version
23 June 2021
Assented to