Chapter 3 Marine Accident Inquiries
Section 1 Inquiries by Local Marine Accidents Inquiry agencies (first instance)
1. Inquiry procedures
When an offer for commencement of inquiry is made by a commissioner, the case is inquired by the appropriate Local Marine Accidents Inquiry Agency to determine the causes of the accident.
The inquiry is conducted in open court by a collegiate body of three judges, in the presence of clerks and commissioners, with the participation of examinees, designated persons concerned in the accident, and marine counselors. Witnesses, surveyors, interpreters or translators, are also invited to appear before the court if their participation is deemed necessary. As a rule, the inquiry is conducted based on oral proceedings, and a judgment is pronounced as the decision of the Marine Accidents Inquiry Agency.
In cases where it is particularly difficult to identify the causes of an accident, two persons of learning and experience in the field in question may also be present as commissioned judges. In contrast, in a case where the causes are easily identifiable, the inquiry may be presided over by only one judge if so requested by the commissioner (Fig. 1-1-1).
