Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 9 — General
114

(c)
in Part 3 of Schedule 21, the repeals relating to the Criminal Evidence
(Witness Anonymity) Act 2008 (and section 157 so far as relating to
those repeals).
(4)
The following provisions come into force on such day as the Lord Chancellor
may by order appoint—
5
(a)
Part 1 (other than sections 18, 19, 36 and 37);
(b)
Chapter 1 of Part 4;
(c)
sections 125 to 127;
(d)
sections 128, 129 and 132;
(e)
Parts 1 and 6 of Schedule 19 (and section 156(1) so far as relating to
10
those provisions);
(f)
paragraphs 22, 23 and 37 of Schedule 20 (and section 156(2) so far as
relating to those provisions);
(g)
in Schedule 21—
(i)
the repeals in Part 1;
15
(ii)
the repeals in Part 4 (other than those relating to the Criminal
Procedure (Scotland) Act 1995 and the Criminal Justice and
Immigration Act 2008);
(iii)
in Part 6, the repeals of section 2(2) of, and paragraph 1(h) of
Schedule 2 to, the Access to Justice Act 1999 (c. 22),
20

and section 157 so far as relating to those repeals.
(5)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
162
Short title
This Act may be cited as the Coroners and Justice Act 2009.
25

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations
115

Schedules
Schedule 1
Section 14

Duty or power to suspend or resume investigations
Part 1
Suspension of investigations
5
Suspension where certain criminal charges may be brought
1     (1)
A senior coroner must suspend an investigation under this Part of this Act
into a person’s death in the following cases.
      (2)
The first case is where a prosecuting authority requests the coroner to
suspend the investigation on the ground that a person may be charged
10
with—
(a)
a homicide offence involving the death of the deceased, or
(b)
an offence (other than a service offence) that is alleged to be a related
offence.
      (3)
The second case is where a Provost Marshal or the Director of Service
15
Prosecutions requests the coroner to suspend the investigation on the
ground that a person may be charged with—
(a)
the service equivalent of a homicide offence involving the death of
the deceased, or
(b)
a service offence that is alleged to be a related offence.
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      (4)
Subject to paragraphs 2 and 3, a suspension of an investigation under this
paragraph must be for—
(a)
a period of 28 days beginning with the day on which the suspension
first takes effect, or
(b)
whatever longer period (beginning with that day) the coroner
25
specifies.
      (5)
The period referred to in sub-paragraph (4) may be extended or further
extended—
(a)
in the first case, at the request of the authority by which the
suspension was originally requested;
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(b)
in the second case, at the request of—
(i)
the Provost Marshal by whom the suspension was originally
requested, or
(ii)
the Director of Service Prosecutions.
      (6)
In this Act—
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“homicide offence” means—

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations
116

(a)
murder, manslaughter, corporate manslaughter or
infanticide;
(b)
an offence under any of the following provisions of the Road
Traffic Act 1988 (c. 52)—
(i)
section 1 (causing death by dangerous driving);
5
(ii)
section 2B (causing death by careless, or
inconsiderate, driving);
(iii)
section 3ZB (causing death by driving: unlicensed,
disqualified or uninsured drivers);
(iv)
section 3A (causing death by careless driving when
10
under the influence of drink or drugs);
(c)
an offence under section 2(1) of the Suicide Act 1961 (c. 60)
(encouraging or assisting suicide);
(d)
an offence under section 5 of the Domestic Violence, Crime
and Victims Act 2004 (c. 28) (causing or allowing the death of
15
a child or vulnerable adult);
“related offence” means an offence (including a service offence) that—
(a)
involves the death of the deceased, but is not a homicide
offence or the service equivalent of a homicide offence, or
(b)
involves the death of a person other than the deceased
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(whether or not it is a homicide offence or the service
equivalent of a homicide offence) and is committed in
circumstances connected with the death of the deceased;
“the service equivalent of a homicide offence” means an offence under
section 42 of the Armed Forces Act 2006 (c. 52) corresponding to a
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homicide offence.
Suspension where certain criminal proceedings are brought
2     (1)
Subject to sub-paragraph (6), a senior coroner must suspend an investigation
under this Part of this Act into a person’s death in the following cases.
      (2)
The first case is where the coroner—
30
(a)
becomes aware that a person has appeared or been brought before a
magistrates’ court charged with a homicide offence involving the
death of the deceased, or
(b)
becomes aware that a person has been charged on an indictment
with such an offence without having appeared or been brought
35
before a magistrates’ court charged with it.
      (3)
The second case is where the coroner becomes aware that a person has been
charged with the service equivalent of a homicide offence involving the
death of the deceased.
      (4)
The third case is where a prosecuting authority informs the coroner that a
40
person—
(a)
has appeared or been brought before a magistrates’ court charged
with an offence (other than a service offence) that is alleged to be a
related offence, or
(b)
has been charged on an indictment with such an offence without
45
having been sent for trial for it,

and the prosecuting authority requests the coroner to suspend the
investigation.

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations
117

      (5)
The fourth case is where the Director of Service Prosecutions informs the
coroner that a person has been charged with a service offence that is alleged
to be a related offence, and the Director requests the coroner to suspend the
investigation.
      (6)
The coroner need not suspend the investigation—
5
(a)
in the first case, if a prosecuting authority informs the coroner that it
has no objection to the investigation continuing;
(b)
in the second case, if the Director of Service Prosecutions informs the
coroner that he or she has no objection to the investigation
continuing;
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(c)
in any case, if the coroner thinks that there is an exceptional reason
for not suspending the investigation.
      (7)
In the case of an investigation that is already suspended under paragraph
1—
(a)
a suspension imposed by virtue of sub-paragraph (2) of that
15
paragraph comes to an end if, in reliance of sub-paragraph (6)(a)
above, the coroner decides not to suspend the investigation;
(b)
a suspension imposed by virtue of sub-paragraph (3) of that
paragraph comes to an end if, in reliance on sub-paragraph (6)(b)
above, the coroner decides not to suspend the investigation;
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(c)
a reference above in this paragraph to suspending an investigation is
to be read as a reference to continuing the suspension of an
investigation;
(d)
if the suspension of the investigation is continued under this
paragraph, the investigation is to be treated for the purposes of
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paragraphs 1(4), 6 and 7 of this Schedule as suspended under this
paragraph (and not as suspended under paragraph 1).
Suspension pending inquiry under Inquiries Act 2005
3     (1)
Subject to sub-paragraph (2), a senior coroner must suspend an investigation
under this Part of this Act into a person’s death if the Lord Chancellor
30
requests the coroner to do so on the ground that the cause of death is likely
to be adequately investigated by an inquiry under the Inquiries Act 2005
(c. 12) that is being or is to be held.
      (2)
The coroner need not suspend the investigation if there appears to be an
exceptional reason for not doing so.
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      (3)
In the case of an investigation that is already suspended under paragraph
1—
(a)
a reference above in this paragraph to suspending the investigation
is to be read as a reference to continuing the suspension of the
investigation;
40
(b)
if the suspension of the investigation is continued under this
paragraph, the investigation is to be treated for the purposes of
paragraphs 1(4), 6 and 8 of this Schedule as suspended under this
paragraph (and not as suspended under paragraph 1).

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations
118

General power to suspend
4
A senior coroner may suspend an investigation under this Part of this Act
into a person’s death in any case if it appears to the coroner that it would be
appropriate to do so.
Effect of suspension
5
5     (1)
Where an investigation is suspended under this Schedule, the senior coroner
must adjourn any inquest that is being held as part of the investigation.
      (2)
Where an inquest held with a jury is adjourned under this paragraph, the
senior coroner may discharge the jury.
Part 2
10
Resumption of investigations
Resumption of investigation suspended under paragraph 1
6
An investigation that is suspended under paragraph 1 must be resumed
once the period under sub-paragraph (4) of that paragraph, or as the case
may be the extended period under sub-paragraph (5) of that paragraph, has
15
ended.

(But see paragraphs 2(7)(d) and 3(3)(b).)
Resumption of investigation suspended under paragraph 2
7     (1)
An investigation that is suspended under paragraph 2 may not be resumed
unless, but must be resumed if, the senior coroner thinks that there is
20
sufficient reason for resuming it.
      (2)
Subject to sub-paragraph (3)—
(a)
an investigation that is suspended under paragraph 2 may not be
resumed while proceedings are continuing before the court of trial in
respect of a homicide offence, or the service equivalent of a homicide
25
offence, involving the death of the deceased;
(b)
an investigation that is suspended by virtue of sub-paragraph (4) or
(5) of that paragraph may not be resumed while proceedings are
continuing before the court of trial in respect of the offence referred
to in that sub-paragraph.
30
      (3)
The investigation may be resumed while the proceedings in question are
continuing if—
(a)
in the case of an investigation suspended by virtue of sub-paragraph
(2) or (4) of paragraph 2, the relevant prosecuting authority informs
the coroner that it has no objection to the investigation being
35
resumed;
(b)
in the case of an investigation suspended by virtue of sub-paragraph
(3) or (5) of that paragraph, the Director of Service Prosecutions
informs the coroner that he or she has no objection to the
investigation being resumed.
40
      (4)
For the purposes of sub-paragraph (3)(a), the relevant prosecuting
authority—

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations
119

(a)
in the case of an investigation suspended by virtue of sub-paragraph
(2) of paragraph 2, is the prosecuting authority responsible for the
prosecution in question;
(b)
in the case of an investigation suspended by virtue of sub-paragraph
(4) of that paragraph, is the prosecuting authority that made the
5
request under that sub-paragraph.
      (5)
In the case of an investigation resumed under this paragraph, a
determination under section 10(1)(a) may not be inconsistent with the
outcome of—
(a)
the proceedings in respect of the charge (or each charge) by reason of
10
which the investigation was suspended;
(b)
any proceedings that, by reason of sub-paragraph (2), had to be
concluded before the investigation could be resumed.
Resumption of investigation suspended under paragraph 3
8     (1)
Where an investigation is suspended under paragraph 3—
15
(a)
it may not be resumed unless, but must be resumed if, the senior
coroner thinks that there is sufficient reason for resuming it;
(b)
it may not be resumed before the end of the period of 28 days
beginning with the relevant day;
(c)
where sub-paragraph (4), (6), (8) or (10) applies, it may be resumed
20
only in accordance with that sub-paragraph (and not before the end
of the 28-day period mentioned in paragraph (b)).
      (2)
In sub-paragraph (1)(b) “the relevant day” means—
(a)
if the Lord Chancellor gives the coroner notification under this
paragraph, the day on which the inquiry concerned is concluded;
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(b)
otherwise, the day on which the findings of that inquiry are
published.
      (3)
Sub-paragraph (4) applies where, during the suspension of the
investigation, the coroner—
(a)
becomes aware that a person has appeared or been brought before a
30
magistrates’ court charged with a homicide offence involving the
death of the deceased, or
(b)
becomes aware that a person has been charged on an indictment
with such an offence without having appeared or been brought
before a magistrates’ court charged with it.
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      (4)
The coroner must not resume the investigation until after the conclusion of
proceedings before the court of trial in respect of the offence in question,
unless a prosecuting authority informs the coroner that it has no objection to
the investigation being resumed before then.
      (5)
Sub-paragraph (6) applies where, during the suspension of the
40
investigation, the coroner becomes aware that a person has been charged
with the service equivalent of a homicide offence involving the death of the
deceased.
      (6)
The coroner must not resume the investigation until after the conclusion of
proceedings before the court of trial in respect of the offence in question,
45
unless the Director of Service Prosecutions informs the coroner that he or she
has no objection to the investigation being resumed before then.

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations
120

      (7)
Sub-paragraph (8) applies where, during the suspension of the
investigation, a prosecuting authority informs the senior coroner that a
person—
(a)
has appeared or been brought before a magistrates’ court charged
with an offence (other than a service offence) that is alleged to be a
5
related offence, or
(b)
has been charged on an indictment with such an offence without
having been sent for trial for it.
      (8)
If the prosecuting authority requests the coroner not to resume the
investigation until after the conclusion of proceedings before the court of
10
trial in respect of the offence in question, the coroner must not do so.

But the coroner may resume the investigation before the conclusion of those
proceedings if the prosecuting authority subsequently informs the coroner
that it has no objection to the investigation being resumed before then.
      (9)
Sub-paragraph (10) applies where the Director of Service Prosecutions
15
informs the coroner that a person has been charged with a service offence
that is alleged to be a related offence.
     (10)
If the Director of Service Prosecutions requests the coroner not to resume the
investigation until after the conclusion of proceedings before the court of
trial in respect of the offence in question, the coroner must not do so.
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But the coroner may resume the investigation before the conclusion of those
proceedings if the Director subsequently informs the coroner that he or she
has no objection to the investigation being resumed before then.
     (11)
In the case of an investigation resumed under this paragraph, a
determination under section 10(1)(a) may not be inconsistent with the
25
outcome of—
(a)
the inquiry under the Inquiries Act 2005 (c. 12) by reason of which
the investigation was suspended;
(b)
any proceedings that, by reason of sub-paragraph (4), (6), (8) or (10),
had to be concluded before the investigation could be resumed.
30
Resumption of investigation suspended under paragraph 4
9
An investigation that is suspended under paragraph 4 may be resumed at
any time if the senior coroner thinks that there is sufficient reason for
resuming it.
Supplemental
35
10    (1)
Where an investigation is resumed under this Schedule, the senior coroner
must resume any inquest that was adjourned under paragraph 5.
      (2)
The following provisions apply, in place of section 7, to an inquest that is
resumed under this paragraph.
      (3)
The resumed inquest may be held with a jury if the senior coroner thinks that
40
there is sufficient reason for it to be held with one.
      (4)
Where the adjourned inquest was held with a jury and the senior coroner
decides to hold the resumed inquest with a jury—