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
Schedule 2 — Coroner areas
121

(a)
if at least six persons who were members of the original jury are
available to serve at the resumed inquest, the resumed inquest must
be held with a jury consisting of those persons;
(b)
if not, or if the original jury was discharged under paragraph 5(2), a
new jury must be summoned.
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Schedule 2
Section 21

Coroner areas
Coroner areas
1     (1)
England and Wales is to be divided into areas to be known as coroner areas.
      (2)
Each coroner area is to consist of the area of a local authority or the combined
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areas of two or more local authorities.
      (3)
Subject to paragraph 2—
(a)
the coroner areas are to be those specified in an order made by the
Lord Chancellor;
(b)
each coroner area is to be known by whatever name is specified in
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the order.
      (4)
Before making an order under this paragraph, the Lord Chancellor must
consult—
(a)
every local authority,
(b)
the Welsh Ministers, and
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(c)
any other persons the Lord Chancellor thinks appropriate.
Alteration of coroner areas
2     (1)
The Lord Chancellor may make orders altering coroner areas.
      (2)
Before making an order under this paragraph the Lord Chancellor must
consult—
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(a)
whichever local authorities the Lord Chancellor thinks appropriate,
(b)
in the case of a coroner area in Wales, the Welsh Ministers, and
(c)
any other persons the Lord Chancellor thinks appropriate.
      (3)
“Altering”, in relation to a coroner area, includes (as well as changing its
boundaries)—
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(a)
combining it with one or more other coroner areas;
(b)
dividing it between two or more other coroner areas;
(c)
changing its name.
Relevant authorities
3     (1)
This paragraph sets out for the purposes of this Part what is the “relevant
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authority” for a given coroner area.
      (2)
In the case of a coroner area consisting of the area of a single local authority,
that authority is the relevant authority for the coroner area.

Coroners and Justice Bill
Schedule 3 — Appointment etc of senior coroners, area coroners and assistant coroners
Part 1 — Appointment of senior, area and assistant coroners
122

      (3)
In the case of a coroner area consisting of the areas of two or more local
authorities, the relevant authority for the coroner area is—
(a)
whichever one of those authorities they jointly nominate;
(b)
if they cannot agree on a nomination, whichever one of them the
Lord Chancellor determines.
5
      (4)
Before making a determination under sub-paragraph (3)(b) the Lord
Chancellor must consult—
(a)
the Secretary of State, in a case involving local authorities in England;
(b)
the Welsh Ministers, in a case involving local authorities in Wales.
      (5)
This paragraph has effect subject to paragraph 2 of Schedule 20.
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Effect of body being outside coroner area etc
4     (1)
This paragraph applies where—
(a)
a senior coroner is responsible for conducting an investigation under
this Part into a person’s death, and
(b)
the body is outside the coroner’s area (whether because of its
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removal or otherwise).
      (2)
The coroner has the same functions in relation to the body and the
investigation as would be the case if the body were within the coroner’s area.
      (3)
The presence of the body at a place outside the coroner’s area does not
confer any functions on any other coroner.
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Schedule 3
Section 22

Appointment etc of senior coroners, area coroners and assistant coroners
Part 1
Appointment of senior, area and assistant coroners
Appointment of senior coroners
25
1     (1)
The relevant authority for each coroner area must appoint a coroner (the
“senior coroner”) for that area.
      (2)
In the case of a coroner area that consists of the areas of two or more local
authorities, the relevant authority for the area must consult the other
authorities before making an appointment under this paragraph.
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      (3)
A person may not be appointed as a senior coroner unless the Lord
Chancellor and the Chief Coroner consent to the appointment of that person.
Appointment of area and assistant coroners
2     (1)
The Lord Chancellor may by order require the appointment, for any coroner
area, of—
35
(a)
an area coroner, or a specified number of area coroners;
(b)
a minimum number of assistant coroners.

Coroners and Justice Bill
Schedule 3 — Appointment etc of senior coroners, area coroners and assistant coroners
Part 3 — Vacancies; functions of area and assistant coroners
123

      (2)
Before making an order under this paragraph in relation to a particular
coroner area, the Lord Chancellor must consult—
(a)
the Chief Coroner, and
(b)
every local authority whose area falls within the coroner area (or, as
the case may be, the local authority whose area is the same as the
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coroner area).
      (3)
The relevant authority for a coroner area in relation to which provision is
made under sub-paragraph (1)(a) must appoint an area coroner or, as the
case may be, the number of area coroners specified for the area in the order.
      (4)
The relevant authority for a coroner area in relation to which provision is
10
made under sub-paragraph (1)(b) must appoint at least the number of
assistant coroners specified for the area in the order.
      (5)
A person may not be appointed as an area coroner or assistant coroner
unless the Lord Chancellor and the Chief Coroner consent to the
appointment of that person.
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Part 2
Qualifications of senior, area and assistant coroners
3
To be eligible for appointment as a senior coroner, area coroner or assistant
coroner, a person must—
(a)
be under the age of 70, and
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(b)
satisfy the judicial-appointment eligibility condition on a 5-year
basis.
4     (1)
A person who is a councillor for a local authority, or has been during the
previous 6 months, may not be appointed as the senior coroner, or as an area
coroner or assistant coroner, for a coroner area that is the same as or includes
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the area of that local authority.
      (2)
In the application of this paragraph to the Common Council, the reference to
a councillor is to be read as a reference to an alderman of the City of London
or a common councillor.
Part 3
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Vacancies; functions of area and assistant coroners
Filling of vacancies
5     (1)
This paragraph applies where a vacancy occurs—
(a)
in the office of senior coroner for an area, or
(b)
in an office of area coroner for an area.
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      (2)
The relevant authority for the area must—
(a)
give notice in writing of the vacancy to the Lord Chancellor and the
Chief Coroner as soon as practicable after the vacancy occurs;
(b)
appoint a person to fill the vacancy under paragraph 1 or 2 (as the
case may be) within 3 months of the vacancy occurring, or within
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whatever further period the Lord Chancellor allows;

Coroners and Justice Bill
Schedule 3 — Appointment etc of senior coroners, area coroners and assistant coroners
Part 4 — Terms of office of senior, area and assistant coroners
124

(c)
give notice in writing of the appointment of a person to fill the
vacancy to the Lord Chancellor and the Chief Coroner as soon as
practicable after it is filled.
6     (1)
This paragraph applies where—
(a)
a vacancy occurs in an office of assistant coroner for an area, and
5
(b)
the vacancy causes the number of assistant coroners for the area to
fall below (or further below) the minimum number specified under
paragraph 2(1)(b).
      (2)
Within 3 months of the vacancy occurring, or within whatever further
period the Lord Chancellor allows, the relevant authority for the area must
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appoint a person to fill the vacancy.
Person to act as senior coroner in case of vacancy
7     (1)
This paragraph applies where a vacancy occurs in the office of senior
coroner for an area.
      (2)
Subject to sub-paragraph (3), the area coroner for the area (or, if there is more
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than one such area coroner, whichever of them is nominated by the relevant
authority for the area) is to act as senior coroner for the area while the office
remains vacant.
      (3)
Where there is no area coroner for the area, whichever assistant coroner for
the area is nominated by the relevant authority for the area is to act as senior
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coroner for the area while the office remains vacant.
      (4)
In the case of a coroner area that consists of the area of two or more local
authorities, the relevant authority for the area must consult the other
authority or authorities before making a nomination under this paragraph.
      (5)
A person who acts as senior coroner for an area by virtue of this paragraph
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is to be treated for all purposes of this Part of this Act (except those of this
paragraph and paragraphs 1 to 5 and 9 to 19 of this Schedule) as being the
senior coroner for the area.
Functions of area and assistant coroners
8     (1)
An area coroner or assistant coroner for an area may perform any functions
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of the senior coroner for the area (including functions which that senior
coroner has by virtue of section 2, 3 or 12(3)(a))—
(a)
during a period when that senior coroner is absent or unavailable;
(b)
at any other time, with the consent of that senior coroner.
      (2)
Accordingly a reference in a statutory provision (whenever made) to a
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senior coroner is to be read, where appropriate, as including an area coroner
or assistant coroner.
Part 4
Terms of office of senior, area and assistant coroners
Status of office
40
9
The offices of senior coroner, area coroner and assistant coroner are not to be
regarded as freehold offices.

Coroners and Justice Bill
Schedule 3 — Appointment etc of senior coroners, area coroners and assistant coroners
Part 4 — Terms of office of senior, area and assistant coroners
125

Vacation or termination of office
10
A senior coroner, area coroner or assistant coroner must vacate office on
reaching the age of 70.
11    (1)
The senior coroner or an area coroner or assistant coroner for an area (“the
relevant coroner area”) must vacate office immediately if—
5
(a)
he or she becomes a councillor for a local authority, and
(b)
the area of that local authority is the same as or falls within the
relevant coroner area.
      (2)
In the application of this paragraph to the Common Council, the reference to
a councillor is to be read as a reference to an alderman of the City of London
10
or a common councillor.
12
The senior coroner or an area coroner or assistant coroner for an area may
resign office by giving notice in writing to the relevant authority for the area.

But the resignation does not take effect unless and until it is accepted by the
authority.
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13    (1)
The Lord Chancellor may, with the agreement of the Lord Chief Justice,
remove a senior coroner, area coroner or assistant coroner from office for
incapacity or misbehaviour.
      (2)
The Lord Chief Justice may nominate a judicial office holder (as defined in
section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the
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functions of the Lord Chief Justice under sub-paragraph (1).
Discipline
14
Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (discipline) applies
in relation to the offices of senior coroner, area coroner and assistant coroner
as it would apply if those offices were listed in Schedule 14 to that Act.
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Salary of senior and area coroners
15    (1)
The senior coroner for an area is entitled to a salary.
      (2)
The amount of the salary is to be whatever is from time to time agreed by the
senior coroner and the relevant authority for the area.
      (3)
If the senior coroner and the relevant authority cannot agree about an
30
alteration in the amount of the salary—
(a)
either of them may refer the matter to the Lord Chancellor;
(b)
the Lord Chancellor may determine the amount of the salary and the
date on which it is to become payable.

Any alteration in the amount of salary is to take effect in accordance with the
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Lord Chancellor’s determination.
      (4)
In making a determination under sub-paragraph (3), the Lord Chancellor
must have regard—
(a)
to the nature and extent of the coroner’s functions, and
(b)
to all the circumstances of the case.
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      (5)
The salary to which the senior coroner for an area is entitled under this paragraph is
payable by the relevant authority for the area.

Coroners and Justice Bill
Schedule 4 — Powers of senior coroners
126

      (6)
This paragraph applies in relation to an area coroner for an area as it applies
in relation to the senior coroner for an area (references to the senior coroner
being read as references to an area coroner).
Fees payable to assistants
16    (1)
An assistant coroner for an area is entitled to fees.
5
      (2)
The amount of the fees is to be whatever is agreed from time to time by the
assistant coroner and the relevant authority for the area.
      (3)
The fees to which an assistant coroner for an area is entitled under this paragraph
are payable by the relevant authority for the area.
Pensions for senior and area coroners
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17
A relevant authority for a coroner area must make provision for the payment of
pensions, allowances or gratuities to or in respect of persons who are or have been
senior coroners or area coroners for the area.
Prohibition on receipt of fees etc
18
Except as permitted by or under this or any other Act, a senior coroner, area
15
coroner or assistant coroner may not accept any remuneration or fee in
respect of anything done by that coroner in the performance of his or her
functions.
Other terms of office
19
Subject to the preceding provisions of this Part, the senior coroner or an area
20
coroner or assistant coroner for an area holds office on whatever terms are
from time to time agreed by that coroner and the relevant authority for the
area.
Schedule 4
Section 24

Powers of senior coroners
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Power to require evidence to be given or produced
1     (1)
A senior coroner may by notice require a person to attend at a time and place
stated in the notice and—
(a)
to give evidence at an inquest,
(b)
to produce any documents in the custody or under the control of the
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person which relate to a matter that is relevant to an inquest, or
(c)
to produce for inspection, examination or testing any other thing in
the custody or under the control of the person which relates to a
matter that is relevant to an inquest.
      (2)
A senior coroner who is conducting an investigation under this Part may by
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notice require a person, within such period as the senior coroner thinks
reasonable—

Coroners and Justice Bill
Schedule 4 — Powers of senior coroners
127

(a)
to provide evidence to the senior coroner, about any matters
specified in the notice, in the form of a written statement,
(b)
to produce any documents in the custody or under the control of the
person which relate to a matter that is relevant to the investigation, or
(c)
to produce for inspection, examination or testing any other thing in
5
the custody or under the control of the person which relates to a
matter that is relevant to the investigation.
      (3)
A notice under sub-paragraph (2) or (2) must—
(a)
explain the possible consequences, under paragraphs 6 and 7 of
Schedule 5, of not complying with the notice;
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(b)
indicate what the recipient of the notice should do if he or she wishes
to make a claim under sub-paragraph (4).
      (4)
A claim by a person that—
(a)
he or she is unable to comply with a notice under this paragraph, or
(b)
it is not reasonable in all the circumstances to require him or her to
15
comply with such a notice,

is to be determined by the senior coroner, who may revoke or vary the notice
on that ground.
      (5)
In deciding whether to revoke or vary a notice on the ground mentioned in
sub-paragraph (4)(b), the senior coroner must consider the public interest in
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the information in question being obtained for the purposes of the inquest or
investigation, having regard to the likely importance of the information.
      (6)
For the purposes of this paragraph a document or thing is under a person’s
control if it is in the person’s possession or if he or she has a right to
possession of it.
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      (7)
The validity of a notice under sub-paragraph (2) or (2) is not limited to the
coroner area for which the senior coroner issuing the notice is appointed.
2     (1)
A person may not be required to give, produce or provide any evidence or
document under paragraph 1 if—
(a)
he or she could not be required to do so in civil proceedings in a court
30
in England and Wales, or
(b)
the requirement would be incompatible with a Community
obligation.
      (2)
The rules of law under which evidence or documents are permitted or
required to be withheld on grounds of public interest immunity apply in
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relation to an investigation or inquest under this Part as they apply in
relation to civil proceedings in a court in England and Wales.
Power of entry, search and seizure
3     (1)
A senior coroner conducting an investigation under this Part, if authorised
in writing—
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(a)
by the Chief Coroner, or
(b)
by another senior coroner nominated by the Chief Coroner to give
authorisation,

may enter and search any land specified in the authorisation.
      (2)
An authorisation may be given only if—
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