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 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations
122

      (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
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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.
20

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
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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—

Coroners and Justice Bill
Schedule 2 — Coroner areas
123

(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.
5
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
10
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
15
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)—
30
(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
35
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
124

      (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—
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(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
125

      (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
5
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
20
(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
30
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
126

(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
15
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
30
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
35
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
127

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.
15
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
20
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
35
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
128

      (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
10
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
25
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—