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Additional memorandum submitted by Ministry of Justice (CJ 25)
Coroners and Justice Bill: Deaths Abroad
During the fifth sitting of the Coroners and Justice Bill Committee, which took place on 10 February, a number of members enquired about deaths abroad (see, for example, Official Report col. 156). I am writing to clarify our current position and thinking.
Deaths abroad where no body is returned to England and Wales
In circumstances where deaths occur abroad but no body is recovered, or where the body is buried or cremated abroad, there are practical difficulties which would prevent a coroner from conducting a meaningful investigation and from ascertaining the matters he or she would be under a duty to
ascertain if the death occurred in the access to a body or the ability to hold a post-mortem examination, in addition to the lack of powers to compel witnesses to come forward or compel evidence to be provided or released by overseas authorities (as occurs when bodies are repatriated), the coroner would have little, if any, material to work with when trying to establish how the person died.
If provision were made for the family of the deceased to apply to the Chief Coroner for an inquest to be held in such circumstances this may lead to disappointment. If there is no prospect of the coroner being able to gain any credible evidence - in particular, the body of the deceased, as will be the case where there is no body or it has already been cremated overseas - the Chief Coroner would almost certainly feel unable to grant any such application. Bereaved families' hopes may be built up to an unrealistic level only to be dashed when their application to the Chief Coroner is rejected. causing further unnecessary grief.
I therefore see little to be gained in moving beyond the current processes for registering deaths abroad where there is no body. or where the body is to buried or cremated overseas, which I outlined during the debate. This enabled many bereaved families to achieve a measure of closure in the aftermath of the Asian tsunami in December 2004 (where bodies or body parts were recovered, there were, of course, inquests held in
I acknowledge the points made about the need for consular officials to provide further information to persons bereaved abroad and the possibility of consular officials informing the Chief Coroner of deaths abroad, and will consequently check with colleagues at the Foreign and Commonwealth Office and the Chief Coroner, once appointed, to see what can be done.
Discretion
to investigate death abroad where body returned to
When a body is returned to senior coroner for the area to which the body is returned, as soon as he or she is made aware that the body is within his area of jurisdiction, will have to conduct an investigation if he or she has reason to suspect that the deceased died a violent or unnatural death, died from unknown causes, or died in custody or some other form of state detention. This would be exactly the same as if the deceased person concerned died in general exception to the duty to investigate deaths if the death occurred abroad, although deaths in certain circumstances did still fall to be investigated. This duty to investigate a death is obviously subject to the powers contained in clauses 2 and 3 for the body to be moved to another area and the investigation to be carried out by another coroner, either on the coroner's own initiative or at the instigation of the Chief Coroner. This will benefit bereaved families in that the investigation and any subsequent inquest can be carried out nearer to the family home rather than in the jurisdiction the body was repatriated to.
Some within the coroner profession have stated that coroners should have discretion as to whether or not to investigate any death that occurs abroad even where the body is subsequently repatriated to or of unknown cause. This is a view that has been put forward to the Committee in written evidence by, for example, Andre Rebello, HM Coroner for capacity as Honorary Secretary of the Coroners Society, and Rebecca Cobb, HM Coroner for North there is sufficient evidence for a meaningful investigation.
If a body is returned to source of evidence - the body - and a postmortem examination can be requested where necessary. Where an investigation has taken place abroad, the coroner could ask the Chief Coroner to contact the relevant authorities abroad to seek assistance and disclosure of evidence obtained by them. Such requests will have more authority if made by the Chief Coroner and, therefore, are more likely to be acted upon by overseas authorities although I acknowledge that there will be no formal legal basis for such a request.
We have looked at the position in other jurisdictions with similar coroner arrangements to body is repatriated, but not in any other circumstances, and in no power to investigate any death which
occurs outside of
I do acknowledge, as Mr Rebello's written evidence made clear, that there are many families who are alarmed by the prospect of a coroner's investigation when the body is returned to arrangements as quickly as possible. In these circumstances, and where the coroner establishes quickly that he or she has no need to take any further action, there is discretion to suspend the investigation which need not be resumed.
In my view, the measures in the Bill on deaths abroad strike the right balance between concern for the needs of families, concern that a death has been adequately investigated and that lessons can be learned where necessary. and concern to ensure we are not setting coroners impossible tasks which will impact adversely on their efficient use of their resources.
I am copying this letter to other members of the Committee and placing a copy on the Bill page of the Ministry of Justice website.
February 2009 |