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 1 — Coroners etc
Chapter 4 — Coroner areas, appointments etc
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(a)
a reference to an investigation into a person’s death were a reference to
an investigation under this section, and
(b)
subsection (4)(b) of section 2 and subsection (3)(b) of section 3 were
omitted.
(4)
The purpose of an investigation under this section is to ascertain—
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(a)
whether or not the object in question is treasure or treasure trove;
(b)
if it is treasure or treasure trove, who found it, where it was found and
when it was found.
(5)
A senior coroner may, as part of an investigation under this section, hold an
inquest concerning the object in question.
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(6)
An inquest under subsection (5) must be held without a jury, unless the senior
coroner thinks that there is sufficient reason for it to be held with a jury.
(7)
Where a senior coroner has conducted an investigation under this section, a
determination as to the question mentioned in subsection (4)(a), and (where
applicable) the questions mentioned in subsection (4)(b), must be made—
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(a)
by the senior coroner after considering the evidence (where an inquest
is not held),
(b)
by the senior coroner after hearing the evidence (where an inquest is
held without a jury), or
(c)
by the jury after hearing the evidence (where an inquest is held with a
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jury).
Chapter 4
Coroner areas, appointments etc
21
Coroner areas
Schedule 2 makes provision about coroner areas.
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22
Appointment etc of senior coroners, area coroners and assistant coroners
Schedule 3 makes provision about the appointment etc of senior coroners, area
coroners and assistant coroners.
23
Provision of staff and accommodation
(1)
The relevant authority for a coroner area—
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(a)
must secure the provision of whatever officers and other staff are
needed by the coroners for that area to carry out their functions;
(b)
must provide, or secure the provision of, accommodation that is
appropriate to the needs of those coroners in carrying out their
functions;
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(c)
must maintain, or secure the maintenance of, accommodation provided
under paragraph (b).
(2)
Subsection (1)(a) applies to a particular coroner area only if, or to the extent
that, the necessary officers and other staff for that area are not provided by a
police authority.
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Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 6 — Governance etc
14

(3)
Subsection (1)(c) does not apply in relation to accommodation the maintenance
of which is the responsibility of a person other than the relevant authority in
question.
(4)
In deciding how to discharge its duties under subsection (1)(b) and (c), the
relevant authority for a coroner area must take into account the views of the
5
senior coroner for that area.
(5)
A reference in subsection (1) to the coroners for an area is to the senior coroner,
and any area coroners or assistant coroners, for that area.
Chapter 5
Further provision to do with investigations and deaths
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24
Powers of senior coroners
Schedule 4 makes provision about powers of senior coroners.
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Offences
Schedule 5 makes provision about offences relating to jurors, witnesses and
evidence.
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26
Allowances, fees and expenses
Schedule 6 makes provision about allowances, fees and expenses.
Chapter 6
Governance etc
27
Chief Coroner and Deputy Chief Coroners
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(1)
The Lord Chief Justice may—
(a)
appoint a person as the Chief Coroner;
(b)
appoint as Deputy Chief Coroners however many persons the Lord
Chief Justice thinks appropriate.
(2)
The Lord Chief Justice must consult the Lord Chancellor before making an
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appointment under this section.
(3)
Schedule 7 makes further provision about the Chief Coroner and Deputy Chief
Coroners.
(4)
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 any of the
30
functions of the Lord Chief Justice under this section or Schedule 7.
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Regulations about training
(1)
The Chief Coroner may, with the agreement of the Lord Chancellor, make
regulations about the training of—
(a)
senior coroners, area coroners and assistant coroners;
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Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 6 — Governance etc
15

(b)
coroners’ officers and other staff assisting persons within paragraph
(a).
(2)
The regulations may (in particular) make provision as to—
(a)
the kind of training to be undertaken;
(b)
the amount of training to be undertaken;
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(c)
the frequency with which it is to be undertaken.
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Inspection of coroner system
(1)
It is the duty of inspectors of court administration appointed under section
58(1) of the Courts Act 2003 (c. 39) (“the 2003 Act”) to inspect and report to the
Lord Chancellor on the operation of the coroner system.
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(2)
Subsection (1) is not to be read as enabling the inspectors—
(a)
to inspect persons making judicial decisions or exercising any judicial
discretion;
(b)
to inspect the Chief Coroner or a Deputy Chief Coroner carrying out
any functions as such.
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(3)
The Chief Inspector appointed under section 58(3) of the 2003 Act must report
to the Lord Chancellor on any matter connected with the operation of the
coroner system that the Lord Chancellor refers to the Chief Inspector.
(4)
An inspector exercising functions under subsection (1) may—
(a)
enter any place of work occupied by a senior coroner or by an officer or
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member of staff provided for a senior coroner;
(b)
inspect and take copies of any records kept by any of those persons that
relate to the operation of the coroner system and are considered by the
inspector to be relevant to the discharge of his or her functions.

Paragraph 1(3) of Schedule 8 (under which a reference to a senior coroner may
25
include the Chief Coroner) does not apply for the purposes of paragraph (a).
(5)
Subsection (4)(a) does not entitle an inspector—
(a)
to be present during an inquest, or a part of an inquest, from which
people have been excluded by a direction given by virtue of section
34(3) or (4);
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(b)
to attend any private deliberations of persons having jurisdiction to
make any determination or finding.
(6)
Section 61(4) and (5) of the 2003 Act (records kept on computers) applies to
inspections under subsection (4)(b) above as it applies to inspections under
section 61(2) of that Act (power to inspect court support system records).
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(7)
The powers conferred by subsection (4) or by virtue of subsection (6) may be
exercised at reasonable times only.
(8)
If a report under subsection (1) or (3) recommends the taking of any action by
a senior coroner, the Lord Chancellor may give a direction requiring the
coroner to take the action within a period specified in the direction.
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30
Appeals to the Chief Coroner
(1)
An interested person may appeal to the Chief Coroner against a decision made
by a senior coroner that falls within subsection (2).

Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 6 — Governance etc
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(2)
The decisions that fall within this subsection are—
(a)
a decision whether to conduct an investigation under this Part into a
person’s death;
(b)
a decision whether to discontinue an investigation under section 4;
(c)
a decision whether to resume, under Part 2 of Schedule 1, an
5
investigation suspended under Part 1 of that Schedule;
(d)
a decision not to request a post-mortem examination under section 15;
(e)
a decision to request a post-mortem examination under that section of
a body that has already been the subject of a post-mortem examination,
unless the decision is to request an examination of a different kind from
10
the one already carried out;
(f)
a decision to give a notice under paragraph 1 of Schedule 4;
(g)
a decision whether there should be a jury at an inquest;
(h)
a decision embodied in a determination as to the questions mentioned
in section 5(1)(a) and (b) (read with section 5(2) where applicable);
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(i)
a decision embodied in a finding as to the particulars required by the
1953 Act to be registered concerning a death;
(j)
a decision made in connection with—
(i)
an object that is or may be treasure or treasure trove, or
(ii)
an investigation or inquest under section 20 concerning such an
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object.
(3)
An interested person may appeal to the Chief Coroner against a failure to make
a decision that falls within subsection (2).
(4)
A person who the coroner decides is not an interested person may appeal to the
Chief Coroner against that decision.
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(5)
The Lord Chancellor may by order amend subsection (2).
(6)
On an appeal under this section the Chief Coroner may consider evidence
about any matter that appears to be relevant to the substance of the decision,
determination or finding, including evidence that concerns a matter arising
after the date of the decision, determination or finding.
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(7)
On an appeal under this section the Chief Coroner may, if the appeal is
allowed, do one or more of the following—
(a)
in the case of an appeal against a decision embodied in a determination
or finding—
(i)
amend the determination or finding, or
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(ii)
quash the determination or finding and order a fresh
investigation under this Part;
(b)
in the case of an appeal against a decision not embodied in a
determination or finding—
(i)
substitute any other decision that could have been made, or
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(ii)
quash the decision and remit the matter for a fresh decision;
(c)
in the case of an appeal against a failure to make a decision—
(i)
make any decision that could have been made, or
(ii)
remit the matter for a decision to be made;
(d)
make any order (including an order as to costs) that the Chief Coroner
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thinks appropriate.

Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 7 — Supplementary
17

(8)
A party to an appeal under this section may appeal on a question of law to the
Court of Appeal from a decision of the Chief Coroner.
(9)
On an appeal under subsection (8) the Court of Appeal may—
(a)
affirm the decision;
(b)
substitute for the decision any decision that the Chief Coroner could
5
have made;
(c)
quash the decision and remit the matter to the Chief Coroner for a fresh
decision.
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Investigation by Chief Coroner or by judge, former judge or former coroner
Schedule 8 makes provision for an investigation into a person’s death to be
10
carried out by the Chief Coroner or by a judge, former judge or former coroner.
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Guidance by the Lord Chancellor
(1)
The Lord Chancellor may issue guidance about the way in which the coroner
system is expected to operate in relation to interested persons within section
36(2)(a).
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(2)
Guidance issued under this section may include provision—
(a)
about the way in which such persons are able to participate in
investigations under this Part into deaths;
(b)
about the rights of such persons to appeal under section 30;
(c)
about the role of coroners’ officers and other staff in helping such
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persons to participate in investigations and to exercise rights of appeal.

This subsection is not to be read as limiting the power in subsection (1).
(3)
The Lord Chancellor may amend or revoke any guidance issued under this
section.
(4)
The Lord Chancellor must consult the Chief Coroner before issuing, amending
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or revoking any guidance under this section.
Chapter 7
Supplementary
Regulations and rules
33
Coroners regulations
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(1)
The Lord Chancellor may make regulations—
(a)
for regulating the practice and procedure at or in connection with
investigations under this Part (other than the practice and procedure at
or in connection with inquests);
(b)
for regulating the practice and procedure at or in connection with
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examinations under section 15;
(c)
for regulating the practice and procedure at or in connection with
exhumations under paragraph 5 of Schedule 4.

Regulations under this section are referred to in this Part as “Coroners
regulations”.
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Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 7 — Supplementary
18

(2)
Coroners regulations may be made only if—
(a)
the Lord Chief Justice, or
(b)
a judicial office holder (as defined in section 109(4) of the Constitutional
Reform Act 2005 (c. 4)) nominated for the purposes of this subsection
by the Lord Chief Justice,
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agrees to the making of the regulations.
(3)
Coroners regulations may make—
(a)
provision for the discharge of an investigation (including provision as
to fresh investigations following discharge);
(b)
provision for or in connection with the suspension or resumption of
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investigations;
(c)
provision for the delegation by a senior coroner, area coroner or
assistant coroner of any of his or her functions;
(d)
provision allowing information to be disclosed or requiring
information to be given;
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(e)
provision giving to the Lord Chancellor or the Chief Coroner power to
require information from senior coroners;
(f)
provision with respect to the preservation, retention, release or
disposal of bodies (including provision with respect to reinterment and
with respect to the issue of orders authorising burial);
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(g)
provision, in relation to authorisations under paragraph 3 of Schedule
4 or entry and search under such authorisations, equivalent to that
made by any provision of sections 15 and 16 of the Police and Criminal
Evidence Act 1984 (c. 60), subject to any modifications the Lord
Chancellor thinks appropriate;
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(h)
provision, in relation to the power of seizure conferred by paragraph
3(4)(a) of that Schedule, equivalent to that made by any provision of
section 21 of that Act, subject to any modifications the Lord Chancellor
thinks appropriate;
(i)
provision about reports under paragraph 6 of that Schedule.
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This subsection is not to be read as limiting the power in subsection (1).
(4)
Coroners regulations may apply any provisions of Coroners rules.
(5)
Where Coroners regulations apply any provisions of Coroners rules, those
provisions—
(a)
may be applied to any extent;
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(b)
may be applied with or without modifications;
(c)
may be applied as amended from time to time.
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Coroners rules
(1)
Rules may be made in accordance with Part 1 of Schedule 1 to the
Constitutional Reform Act 2005—
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(a)
for regulating the practice and procedure at or in connection with
inquests;
(b)
as to the way in which, and the time within which, appeals under
section 30(1), (3), (4) or (8) are to be brought;
(c)
for regulating the practice and procedure at or in connection with
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appeals under that section.

Rules under this section are referred to in this Part as “Coroners rules”.

Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 7 — Supplementary
19

(2)
Coroners rules may make—
(a)
provision about evidence (including provision requiring evidence to be
given on oath except in prescribed cases);
(b)
provision for the discharge of a jury (including provision as to the
summoning of new juries following discharge);
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(c)
provision for the discharge of an inquest (including provision as to
fresh inquests following discharge);
(d)
provision for or in connection with the adjournment or resumption of
inquests;
(e)
provision for a senior coroner to have power to give a direction, in
10
proceedings at an inquest, allowing or requiring a name or other matter
not to be disclosed except to persons specified in the direction;
(f)
provision for the delegation by a senior coroner, area coroner or
assistant coroner of any of his or her functions, except for functions that
involve making judicial decisions or exercising any judicial discretion;
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(g)
provision with respect to the disclosure of information;
(h)
provision for persons to be excused from service as jurors at inquests in
cases specified in the rules;
(i)
provision as to the matters to be taken into account by a senior coroner
in deciding whether to hold an inquest concerning an object that is or
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may be treasure or treasure trove;
(j)
provision for requiring consent to be given in order for an appeal to be
made under section 30(8).
(3)
Coroners rules may make provision conferring power on a senior coroner—
(a)
to give a direction excluding specified persons from an inquest, or part
25
of an inquest, if the coroner is of the opinion that the interests of
national security so require;
(b)
to give a direction excluding specified persons from an inquest during
the giving of evidence by a witness under the age of 18, if the coroner is
of the opinion that doing so would be likely to improve the quality of
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the witness’s evidence.

In this subsection “specified persons” means persons of a description specified
in the direction, or all persons except those of a description specified in the
direction.
(4)
Coroners rules may make provision requiring a person holding an inquest that
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has to be held without a jury because of section 11(6) to give a direction
excluding persons, except those of a prescribed description, from all or part of
the inquest.
(5)
Subsections (2) to (4) are not to be read as limiting the power in subsection (1).
(6)
Coroners rules may apply—
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(a)
any provisions of Coroners regulations;
(b)
any rules of court that relate to proceedings other than inquests.
(7)
Where any provisions or rules are applied by virtue of subsection (6), they may
be applied—
(a)
to any extent;
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(b)
with or without modifications;
(c)
as amended from time to time.