|
| |
|
(8) | Practice directions may be given in accordance with Part 1 of Schedule 2 to the |
| |
Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be |
| |
included in Coroners rules. |
| |
(9) | Coroners rules may, instead of providing for a matter, refer to provision made |
| |
or to be made by practice directions under subsection (8). |
| 5 |
(10) | In this section “rules of court” include any provision governing the practice |
| |
and procedure of a court that is made by or under an enactment. |
| |
Coroner of the Queen’s household |
| |
35 | Abolition of the office of coroner of the Queen’s household |
| |
The office of coroner of the Queen’s household is abolished. |
| 10 |
| |
| |
(1) | This section applies for the purposes of this Part. |
| |
(2) | “Interested person”, in relation to a deceased person or an investigation or |
| |
inquest under this Part into a person’s death, means— |
| 15 |
(a) | a spouse, civil partner, partner, parent, child, brother, sister, |
| |
grandparent, grandchild, child of a brother or sister, stepfather, |
| |
stepmother, half-brother or half-sister; |
| |
(b) | a personal representative of the deceased; |
| |
(c) | a medical examiner exercising functions in relation to the death of the |
| 20 |
| |
(d) | a beneficiary under a policy of insurance issued on the life of the |
| |
| |
(e) | the insurer who issued such a policy of insurance; |
| |
(f) | a person who may by any act or omission have caused or contributed |
| 25 |
to the death of the deceased, or whose employee or agent may have |
| |
| |
(g) | in a case where the death may have been caused by— |
| |
(i) | an injury received in the course of an employment, or |
| |
(ii) | a disease prescribed under section 108 of the Social Security |
| 30 |
Contributions and Benefits Act 1992 (c. 4) (benefit in respect of |
| |
prescribed industrial diseases, etc), |
| |
| a representative of a trade union of which the deceased was a member |
| |
| |
(h) | a person appointed by, or representative of, an enforcing authority; |
| 35 |
(i) | where subsection (3) applies, a chief constable; |
| |
(j) | where subsection (4) applies, a Provost Marshal; |
| |
(k) | where subsection (5) applies, the Independent Police Complaints |
| |
| |
(l) | a person appointed by a Government department to attend an inquest |
| 40 |
into the death or to assist in, or provide evidence for the purposes of, an |
| |
investigation into the death under this Part; |
| |
(m) | any other person who the senior coroner thinks has a sufficient interest. |
| |
|
| |
|
| |
|
(3) | This subsection applies where it appears that a person has or may have |
| |
| |
(a) | a homicide offence involving the death of the deceased, or |
| |
(b) | a related offence (other than a service offence). |
| |
(4) | This subsection applies where it appears that a person has or may have |
| 5 |
| |
(a) | the service equivalent of a homicide offence involving the death of the |
| |
| |
(b) | a service offence that is a related offence. |
| |
(5) | This subsection applies where the death of the deceased is or has been the |
| 10 |
subject of an investigation managed or carried out by the Independent Police |
| |
Complaints Commission in accordance with Part 3 of Schedule 3 to the Police |
| |
Reform Act 2002 (c. 30), including that Part as extended or applied by or under |
| |
any statutory provision (whenever made). |
| |
(6) | “Interested person”, in relation to an object that is or may be treasure or |
| 15 |
treasure trove, or an investigation or inquest under section 20 concerning such |
| |
| |
(a) | the British Museum, if the object was found or is believed to have been |
| |
| |
(b) | the National Museum of Wales, if the object was found or is believed to |
| 20 |
have been found in Wales; |
| |
(c) | the finder of the object or any person otherwise involved in the find; |
| |
(d) | the occupier, at the time the object was found, of the land where it was |
| |
found or is believed to have been found; |
| |
(e) | a person who had an interest in that land at that time or who has had |
| 25 |
| |
(f) | any other person who the senior coroner thinks has a sufficient interest. |
| |
(7) | For the purposes of this section, a person is the partner of a deceased person if |
| |
the two of them (whether of different sexes or the same sex) were living as |
| |
partners in an enduring relationship at the time of the deceased person’s death. |
| 30 |
37 | Interpretation: general |
| |
(1) | In this Part, unless the context otherwise requires— |
| |
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20); |
| |
“the 1988 Act” means the Coroners Act 1988 (c. 13); |
| |
“area”, in relation to a senior coroner, area coroner or assistant coroner, |
| 35 |
means the coroner area for which that coroner is appointed; |
| |
“area coroner” means a person appointed under paragraph 2(3) of |
| |
| |
“assistant coroner” means a person appointed under paragraph 2(4) of |
| |
| 40 |
“body” includes body parts; |
| |
| |
(a) | a chief officer of police (within the meaning given in section |
| |
101(1) of the Police Act 1996 (c. 16)); |
| |
(b) | the Chief Constable of the Ministry of Defence Police; |
| 45 |
(c) | the Chief Constable of the Civil Nuclear Constabulary; |
| |
(d) | the Chief Constable of the British Transport Police; |
| |
|
| |
|
| |
|
“the Chief Coroner” means a person appointed under section 27(1)(a); |
| |
“the Common Council” means the Common Council of the City of |
| |
London, and “common councillor” is to be read accordingly; |
| |
“coroner area” is to be read in accordance with paragraph 1 of Schedule 2; |
| |
“Coroners regulations” means regulations under section 33; |
| 5 |
“Coroners rules” means rules under section 34; |
| |
“the coroner system” means the system of law and administration relating |
| |
to investigations and inquests under this Part; |
| |
“the court of trial” means— |
| |
(a) | in relation to an offence (other than a service offence) that is |
| 10 |
tried summarily, the magistrates’ court by which the offence is |
| |
| |
(b) | in relation to an offence tried on indictment, the Crown Court; |
| |
(c) | in relation to a service offence, a commanding officer, a Court |
| |
Martial or the Service Civilian Court (depending on the person |
| 15 |
before whom, or court before which, it is tried); |
| |
“Deputy Chief Coroner” means a person appointed under section |
| |
| |
“document” includes information stored in an electronic form; |
| |
“enforcing authority” has the meaning given by section 18(7) of the Health |
| 20 |
and Safety at Work etc. Act 1974 (c. 37); |
| |
“functions” includes powers and duties; |
| |
“homicide offence” has the meaning given in paragraph 1(6) of Schedule |
| |
| |
“interested person” is to be read in accordance with section 36; |
| 25 |
“land” includes premises within the meaning of the Police and Criminal |
| |
Evidence Act 1984 (c. 60); |
| |
| |
(a) | in relation to England, a county council, the council of any |
| |
district comprised in an area for which there is no county |
| 30 |
council, a London borough council, the Common Council or the |
| |
Council of the Isles of Scilly; |
| |
(b) | in relation to Wales, a county council or a county borough |
| |
| |
“medical examiner” means a person appointed under section 18; |
| 35 |
“person”, in relation to an offence of corporate manslaughter, includes an |
| |
| |
“prosecuting authority” means— |
| |
(a) | the Director of Public Prosecutions, or |
| |
(b) | a person of a description prescribed by an order made by the |
| 40 |
| |
“related offence” has the meaning given in paragraph 1(6) of Schedule 1; |
| |
“relevant authority”, in relation to a coroner area, has the meaning given |
| |
by paragraph 3 of Schedule 2 (and see paragraph 2 of Schedule 20); |
| |
“senior coroner” means a person appointed under paragraph 1 of |
| 45 |
| |
“the service equivalent of a homicide offence” has the meaning given in |
| |
paragraph 1(6) of Schedule 1; |
| |
“service offence” has the meaning given by section 50(2) of the Armed |
| |
| 50 |
|
| |
|
| |
|
“service police force” means— |
| |
(a) | the Royal Navy Police, |
| |
(b) | the Royal Military Police, or |
| |
(c) | the Royal Air Force Police; |
| |
“state detention” has the meaning given by subsection (2); |
| 5 |
“statutory provision” means provision contained in, or in an instrument |
| |
made under, any Act (including this Act); |
| |
“treasure” means anything that is treasure for the purposes of the |
| |
Treasure Act 1996 (c. 24) (and accordingly does not include anything |
| |
found before 24 September 1997); |
| 10 |
“treasure trove” does not include anything found on or after 24 September |
| |
| |
(2) | A person is in state detention if he or she is compulsorily detained by a public |
| |
authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42). |
| |
(3) | For the purposes of this Part, the area of the Common Council is to be treated |
| 15 |
as including the Inner Temple and the Middle Temple. |
| |
(4) | A reference in this Part to a coroner who is responsible for conducting an |
| |
investigation under this Part into a person’s death is to be read as a reference |
| |
to the coroner who is under a duty to conduct the investigation, or who would |
| |
be under such a duty but for the suspension of the investigation under this |
| 20 |
| |
(5) | A reference in this Part to producing or providing a document, in relation to |
| |
information stored in an electronic form, is to be read as a reference to |
| |
producing or providing a copy of the information in a legible form. |
| |
Northern Ireland amendments |
| 25 |
38 | Amendments to the Coroners Act (Northern Ireland) 1959 |
| |
Schedule 9 inserts provisions into the Coroners Act (Northern Ireland) 1959 |
| |
(c. 15) corresponding to certain provisions in Schedules 4 and 5 and in sections |
| |
| |
| 30 |
| |
| |
Murder, infanticide and suicide |
| |
Partial defence to murder: diminished responsibility |
| |
39 | Persons suffering from diminished responsibility (England and Wales) |
| 35 |
(1) | In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from |
| |
|
| |
|
| |
|
diminished responsibility), for subsection (1) substitute— |
| |
“(1) | A person (“D”) who kills or is a party to the killing of another is not to |
| |
be convicted of murder if D was suffering from an abnormality of |
| |
mental functioning which— |
| |
(a) | arose from a recognised medical condition, |
| 5 |
(b) | substantially impaired D’s ability to do one or more of the |
| |
things mentioned in subsection (1A), and |
| |
(c) | provides an explanation for D’s acts and omissions in doing or |
| |
being a party to the killing. |
| |
| 10 |
(a) | to understand the nature of D’s conduct; |
| |
(b) | to form a rational judgment; |
| |
(c) | to exercise self-control. |
| |
(1B) | For the purposes of subsection (1)(c), an abnormality of mental |
| |
functioning provides an explanation for D’s conduct if it causes, or is a |
| 15 |
significant contributory factor in causing, D to carry out that conduct.” |
| |
(2) | In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by |
| |
prosecution of insanity or diminished responsibility), in paragraph (b) for |
| |
“mind” substitute “mental functioning”. |
| |
40 | Persons suffering from diminished responsibility (Northern Ireland) |
| 20 |
(1) | Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in |
| |
cases of homicide, of impaired mental responsibility) is amended as follows. |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | A person (“D”) who kills or is a party to the killing of another is not to |
| |
be convicted of murder if D was suffering from an abnormality of |
| 25 |
mental functioning which— |
| |
(a) | arose from a recognised mental condition, |
| |
(b) | substantially impaired D’s ability to do one or more of the |
| |
things mentioned in subsection (1A), and |
| |
(c) | provides an explanation for D’s acts and omissions in doing or |
| 30 |
being a party to the killing. |
| |
| |
(a) | to understand the nature of D’s conduct; |
| |
(b) | to form a rational judgment; |
| |
(c) | to exercise self-control. |
| 35 |
(1B) | For the purposes of subsection (1)(c), an abnormality of mental |
| |
functioning provides an explanation for D’s conduct if it causes, or is a |
| |
significant contributory factor in causing, D to carry out that conduct. |
| |
(1C) | Where, but for this section, D would be liable, whether as principal or |
| |
as accessory, to be convicted of murder, D is liable instead to be |
| 40 |
convicted of manslaughter.” |
| |
(3) | In subsection (2), for “subsection (1)” substitute “subsection (1C)”. |
| |
(4) | In subsections (4) and (5), for “mental abnormality” substitute “abnormality of |
| |
| |
|
| |
|