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Part 2 - Qualifications of senior, area and assistant coroners
227. All coroners must be legally qualified. Under the 1988 Act (section 2(1)(b)), being a legally qualified medical practitioner of five years’ standing also suffices. Transitional arrangements are made so that this provision does not apply in relation to those coroners treated as appointed under the transitional arrangements made in the Bill.
228. This part also disqualifies local councillors from appointment as coroners, if the area in respect of which they were elected falls within the coroner area.
Part 3 - Vacancies, and functions of area and assistant coroners
229. Part 3 of Schedule 3 makes provision for filling vacancies on the resignation, dismissal or retirement of coroners, and the arrangements for filling posts on a temporary basis. This Part also sets out the functions of area coroners and assistant coroners.
Part 4 - Terms of office of senior, area and assistant coroners
230. Part 4 of Schedule 3 introduces a new retirement age of 70 for coroners and sets out the procedure for resignation from office. A coroner is no longer to be regarded as holding a “freehold office”.
231. It also gives the Lord Chancellor the power to remove a senior coroner, area coroner or assistant coroner from office if that coroner is incapable of performing his or her functions or is guilty of misbehaviour. Before he or she can exercise this power, the Lord Chancellor must have the agreement of the Lord Chief Justice.
232. Part 4 also provides for senior coroners, area coroners and assistant coroners to be disciplined in line with Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (which includes the power for the Lord Chief Justice to issue reprimands).
233. It makes provision for the relevant authority for the area to pay salaries to senior coroners and area coroners and fees to assistant coroners. The amount of these salaries and fees is for the relevant coroner and the relevant authority to agree. If they fail to reach an agreement the matter can be referred to the Lord Chancellor.
234. This Part also requires the relevant authority for an area to make provision for pensions for senior and area coroners.
235. Additional terms of office can be agreed between the appropriate authority and the coroner.
Clause 24: Provision of staff and accommodation
236. This clause requires the relevant authority for a coroner area to provide sufficient administrative staff and coroners’ officers. When, locally, the police authority is responsible for providing coroners’ officers, then they will be expected to continue to do so. The local authority and local police authority will be expected to work together, with the senior coroner, to secure appropriate staffing levels. (Police authorities currently provide 90% of coroner’s officers to support the work of coroners.)
237. The relevant authority is also obliged to provide, or secure the provision of, accommodation to enable senior coroners to carry out their functions. This accommodation must either be maintained by the relevant authority or they must secure that it is maintained. This does not apply if another person has responsibility for maintaining the accommodation. This recognises that, at present, not all coroners have a dedicated court to hold inquests and that there will continue to be a need to hire such facilities in the future, including court accommodation where the existing court room is insufficient for the purposes of a particular inquest. Under section 31 of the 1988 Act, the relevant council has power to provide accommodation for either investigations or inquests.
238. The relevant authority is required to take into account the views of the senior coroner when providing and, where relevant, maintaining accommodation. The Bill allows inquests to be held anywhere in England and Wales so that there is new flexibility if particular inquests have requirements for the sort of accommodation which is not available within the coroner’s own area. The expectation will be, however, that an inquest is normally held within the area of the coroner who is conducting the investigation.
Chapter 4: Coroner areas, appointments etc
Clause 25 and Schedule 4: Powers of senior coroner
239. This clause brings Schedule 4 into effect, which sets out the powers of a senior coroner.
Paragraph 1: Power to require evidence to be given or produced
240. Paragraph 1 of Schedule 4 gives the senior coroner statutory powers to summon witnesses and to compel the production of evidence for the purposes of an investigation
241. Under paragraph 1(1) a senior coroner may issue a notice requiring a person to attend at a given time and place to give evidence at an inquest or to produce any documents they have that are relevant to the inquest or to produce anything else they have that is relevant to the inquest so that it can be inspected, examined or tested.
242. Paragraph 1(2) provides that the senior coroner can also notify someone that they must provide the senior coroner with a written statement, or produce any documents or anything else they have that the senior coroner considers is relevant to the investigation.
243. Paragraph 1(3) sets out information which must be included in any notice that the senior coroner issues under paragraphs 1(1) or 1(2).
244. Paragraph 1(4) gives those to whom the senior coroner has issued a notice under paragraph 1(1) or (2) the right to make a claim to the senior coroner either that he or she is unable to comply with the notice or that it is not reasonable for the senior coroner to ask him or her to do so. The senior coroner can cancel or amend the notice if he or she thinks the claim is valid.
245. Under paragraph 1(5), when deciding whether to cancel or amend the notice, the senior coroner has to take into account the public interest of that information being available to his or her investigation or inquest.
246. Under paragraph 1(6), a document or thing is defined as being under a person’s control if it is in that person’s possession or if they have a right to possession of it.
247. By paragraph 1(7), the notice is not limited by the coroner’s area and can therefore be issued to a person anywhere in England and Wales.
Paragraph 2: Privileged information etc
248. Paragraph 2 of Schedule 4 makes it clear that the senior coroner does not have the power to require anything to be provided to him or her that a person could not be required to provide to a civil court, mirroring the restriction on many information gathering powers contained in existing legislation. The senior coroner also does not have the power to require evidence to be provided if this would be incompatible with European Community Law. It is also made clear that the rules of law in relation to public interest immunity apply equally in relation to investigations or inquests under Part 1 of the Bill.
Paragraph 3: Power of entry, search and seizure
249. Paragraph 3 of Schedule 4 gives senior coroners a new, statutory power to enter and search land and seize items which are relevant to their investigations.
250. By paragraph 3(1), a senior coroner has a power to enter and search particular land if he or she has permission in writing from the Chief Coroner or from a senior coroner nominated by the Chief Coroner to give such permission.
251. By paragraph 3(2), the Chief Coroner, or a senior coroner to whom the power is delegated, may allow a coroner to enter and search premises only if that coroner reasonably suspects that there might be something on the premises relevant to the investigation. The coroner must also be unable to contact the person from whom they could get permission to enter and search the premises, have already had permission refused, have reason to believe that if they asked for permission it would be refused, or that the benefit of the search would be lost or significantly reduced if it cannot be done immediately (paragraph 3(3)).
252. Under paragraph 3(4) a senior coroner has a power to seize anything on the premises, or inspect or take copies of any documents that are relevant to the investigation.
Paragraph 4: Power of entry, search and seizure: supplemental
253. The power to seize items, inspect and take copies of documents under paragraph 3 can only be used if the person using it has reason to believe that this power might assist the investigation and if they have reason to believe that seizure is necessary to prevent the items from being hidden, lost, damaged, changed or destroyed.
254. The power in paragraph 3 to inspect and take copies of documents includes power to require information stored in electronic form to be provided in a form which can be taken away and which enables them to be read or easily changed into a readable format. This would include for example printing copies of electronic documents or downloading copies of files from a computer so that they can be printed at a later date.
255. Paragraph 4(3) of Schedule 4 makes clear that the person exercising the power under paragraph 3 may not seize items which they believe to be subject to legal privilege.
256. Items seized or taken away under paragraph 3 may be kept for as long as they are needed, and reasonable force may be used in the exercising of any power.
Paragraph 5: Exhumation of body for examination
257. Paragraph 5 of Schedule 4 sets out the powers of a senior coroner to order the exhumation of a body. This paragraph, to a great extent, replicates section 23 of the 1988 Act.
258. Paragraph 5(2) enables a senior coroner to order the exhumation of the body of a person buried in England and Wales if the senior coroner thinks it is necessary for a post-mortem examination to be made of the body. Although a senior coroner may order the exhumation of a body buried anywhere in England and Wales, it is likely that a senior coroner will only order the exhumation of a body if it is within that coroner’s area. This is because the senior coroner will only have jurisdiction to investigate the death if the body is within his or her area. The exception to this will be if another senior coroner has been asked to conduct an investigation under clause 2 or if the Chief Coroner has directed another senior coroner to conduct an investigation under clause 3 or if a fresh investigation is ordered after an appeal. In such cases, a coroner will have power to order the exhumation of a body even if it is not within his or her area.
259. Paragraph 5(3) enables a senior coroner to order exhumation of a body buried within his or her coroner area if the senior coroner thinks it necessary for the body to be examined for the purpose of any criminal proceedings or possible criminal proceedings in respect of the death of that person or another person who died in circumstances connected to that person’s death.
Paragraph 6: Action to prevent other deaths
260. Paragraph 6 of Schedule 4 gives the senior coroner the power, at the end of an inquest, to make a report to authorities or organisations with a view to preventing deaths in the future. This power could, for example, be used by the senior coroner to report to a local authority the fact that several deaths have occurred in similar circumstances on the same stretch of road. The person or organisation to whom the report was made must respond to that report. Further provision may be made in regulations enabling reports and responses to be published.
261. All reports made under this paragraph, and all responses to them, must be sent to the Chief Coroner.
Clause 26 and Schedule 5: Offences
262. This clause gives effect to Schedule 5 which sets out offences relating to jurors, witnesses and evidence, and the penalties for these offences.
263. Offences relating to jurors include service on a jury by those who know they are disqualified from such service, failure to attend a coroner’s jury and making false representations to avoid jury service. These offences reflect those jury-related offences in section 9 of the 1988 Act.
264. The offences relating to witnesses include failure to comply with a notice under paragraph 1 of Schedule 4, altering evidence, preventing evidence from being given, destroying or concealing documents, and giving false evidence. These offences are new, as the senior coroner is being given the power to compel evidence in these provisions.
265. The Bill does not remove or alter the powers of a senior coroner under the common law to summon witnesses, require evidence to be given and punish for contempt of court.
Clause 27 and Schedule 6: Allowances, fees, expenditure and reimbursement
266. This clause gives effect to Schedule 6 which gives the Lord Chancellor regulation-making powers regarding fees and allowances that the senior coroner can pay (or are paid on his or her behalf, for example by the local authority) to jurors and witnesses to cover costs incurred due to their attendance at an inquest or pre-inquest hearing. This Schedule also provides for other payments to be made by senior coroners to practitioners who conduct post-mortem examinations. It allows senior coroners to charge for supplying copies of documents. An appropriate authority can issue a schedule of the fees, allowances and other payments that senior coroners can make.
267. Section 27 of the 1988 Act requires senior coroners to produce accounts to the council of their appointing local authority, and makes provision as to the funds from which reimbursements should be paid. Section 27A requires the council to indemnify the senior coroner for expenses reasonably incurred in connection with his or her functions, or in relation to disputing a claim made against him or her. Provision about such matters will now be contained in secondary legislation.
Chapter 6: Governance etc
Clause 28 and Schedule 7: Chief Coroner and Deputy Chief Coroners
268. The Bill creates the offices of Chief Coroner and Deputy Chief Coroner, who will be responsible for hearing appeals against decisions of coroners, for establishing and overseeing national performance standards, and for providing leadership to the service in general. They may also conduct investigations. The Government intends to have one full time Chief Coroner and one full time Deputy Chief Coroner, and to appoint others as Deputy Chief Coroners to assist, if required, in particular to hear appeals.
269. Clause 28 also gives effect to Schedule 7, which makes provision for the appointment of the Chief Coroner and Deputy Chief Coroners and their terms of office, and specifies further functions.
270. Under paragraph 1 of Schedule 7, a person has to be a Circuit or High Court judge in order to be eligible for appointment as Chief Coroner.
271. Paragraph 2 of Schedule 7 sets out the eligibility criteria and appointment process for Deputy Chief Coroners; it requires appointees to be a Circuit or High Court judge or senior coroner. It also specifies that the Lord Chief Justice will consult the Lord Chancellor as to the number of Deputy Chief Coroners that are needed, and how many of these should be judges, and how many should be senior coroners.
272. Paragraph 2(4) of Schedule 7 states that the Lord Chief Justice will appoint Circuit or High Court judges as Deputy Chief Coroners. By subsection (5) the term of appointment will be decided by the Lord Chief Justice after consulting the Lord Chancellor. Paragraph 2(6) provides that the Lord Chancellor, at the invitation of the Lord Chief Justice, will be responsible for appointing senior coroners as Deputy Chief Coroners. The Lord Chancellor will make appointments following a Judicial Appointments Commission process and will decide the term after consulting the Lord Chief Justice.
273. There is a retirement age of 70 for both offices. This Schedule also sets out the arrangements for vacation of the office, resignation, removal from office and remuneration. It provides when a Deputy Chief Coroner may perform the functions of the Chief Coroner, and allows the Lord Chancellor to appoint staff to assist the Chief and Deputy Chief Coroners.
Clause 29: Reports and advice to the Lord Chancellor from the Chief Coroner
274. Subsection (1) requires the Chief Coroners to give an annual report to the Lord Chancellor.
275. The Chief Coroner’s annual report must cover any matters he or she wishes to bring to the attention of the Lord Chancellor, and any matters the Lord Chancellor has asked the Chief Coroner to cover in the report. The report would also contain an assessment of consistency of standards between coroner areas; the number, nature and outcomes of appeals made to the Chief Coroner; and details of all reports made by coroners to prevent future deaths, and the responses received to those reports.
276. The annual report would be published by the Lord Chancellor, and a copy would be laid before each House of Parliament.
277. As well as producing an annual report from the Chief Coroner to the Lord Chancellor, it is also intended that the Chief Coroner will publish occasional summaries of the reports made by coroners and the responses to them.
278. If requested to do so by the Lord Chancellor, the Chief Coroner must also give advice to the Lord Chancellor about particular matters relating to the operation of the coroner system.
Clause 30: Regulations about training
279. This clause provides that the Chief Coroner may make regulations about the training of all levels of coroners, coroners’ officers and other staff who support coroners. This is designed to ensure that all those working within the service are aware of and apply best practice, relevant guidelines and standards issued under clause 34 (for example) and other developments in legislation.
Clause 31: Inspection of coroner system
280. This clause sets out that Her Majesty’s Inspectorate of Courts Administration will carry out inspections of the coroner system, and report their findings to the Lord Chancellor. The functions of the Chief Coroner and Deputy Chief Coroners will not be inspected in relation to any functions they carry out as Chief Coroner or Deputy Chief Coroner, nor will judges acting as senior coroners under Schedule 8.
281. Under subsection (2), inspectors are expressly prevented from commenting on any judicial decisions taken by a coroner. This would include decisions taken about whether or not to order a post mortem or matters relating to the scope or conduct of inquests.
282. Under subsection (3), the Chief Inspector must report to the Lord Chancellor on the coroner system. There is also provision (in section 60(5) of the Courts Act 2003) enabling an inspector to carry out the Chief Inspector’s functions in the event that he or she is unable to do so.
283. Under subsection (4), the clause provides for inspectors to enter coroners’ premises and to take copies of any relevant records. Although they will be entitled to be present at inquests, under subsection (5) they will not be able to attend proceedings held in private, such as jury meetings.
284. Where a report under subsection (1) or (3) recommends that action be taken by a senior coroner, there is power in subsection (8) for the Lord Chancellor to direct the senior coroner to do so within a specified period.
Clause 32: Appeals to the Chief Coroner
285. This clause provides a right of appeal to the Chief Coroner against decisions that fall within subsection (2). This right is only open to interested persons (as defined in clause 38) although subsection (4) enables a person who the senior coroner decides is not classed as an interested person to appeal that specific decision. If such an appeal is upheld by the Chief Coroner, then that person would also be entitled to appeal against the decisions in subsection (2).
286. Subsection (2) sets out the decisions that can be appealed. Appeals can be made against a decision to conduct or not conduct an investigation, a decision to discontinue an investigation and a decision to resume or not resume an investigation, for example, once criminal proceedings or an inquiry under the Inquiries Act 2005 have concluded. It will be possible to appeal a coroner’s decision not to request a post-mortem. A coroner’s decision that a post-mortem is needed will not be subject to appeal however, except where a post-mortem of the same type has already been carried out. It will be possible to appeal against a decision as to whether an inquest is held with a jury.
287. A coroner’s determination as to who the deceased was, and how, when and where the deceased came by his or her death (and, where relevant, the circumstances of the death) can also be appealed, as can his or her finding of details required for registration of the death.
288. Subsection (5) enables the Lord Chancellor to change the list of decisions in subsection (2) by making an order.
289. Rules under clause 36 will set out the procedure for appeals to be made to the Chief Coroner.
290. This route of appeal is new. Under the current law, there is no appeal as such against a coroner’s decisions. Applications can be made to the High Court under section 13 of the 1988 Act if a coroner refuses to hold an inquest or where a fresh inquest is required. The High Court can compel a senior coroner to hold an inquest or quash the determination of a previous inquest and order a fresh inquest. Persons with sufficient interest can also apply for judicial review of a senior coroner’s decision. However, there is no simple appeal route at present for bereaved people and other interested persons. This clause provides a route of appeal to the Chief Coroner. It also replaces the existing statutory procedure of application to the High Court with the Chief Coroner having powers to compel a coroner to hold an inquest, or to quash a verdict from a previous inquest (from the same coroner or a different coroner).
291. Subsection (6) allows the Chief Coroner to consider any evidence which he or she thinks is relevant to the decision, determination or finding against which an appeal has been brought. This can include considering evidence which relates to issues that arose after the decision, determination or finding was made.
292. If the Chief Coroner allows an appeal except where the appeal is against a determination, he or she can substitute his or her own decision or quash the decision and refer it back to the senior coroner for a fresh decision. If the appeal is against a determination, the Chief Coroner can amend the determination or finding, or quash it and order a fresh investigation. If the appeal is against a failure to make a decision - for example, to conduct an investigation - the Chief Coroner can make the decision that could have been made or, again, refer the matter back to the senior coroner for him or her to make a decision. The Chief Coroner may also make any order he or she sees fit, including in relation to costs, although he or she has no authority in relation to the award of legal aid.
293. A decision of the Chief Coroner or a Deputy Chief Coroner may be appealed to the Court of Appeal, on a point of law only. The Court of Appeal can either confirm the decision made by the Chief Coroner, substitute its own decision in line with what the Chief Coroner had power to decide if he or she had judged the case differently, or overrule the decision and ask the Chief Coroner to reconsider the matter. Different appeal arrangements apply when the coroner is a High Court or Circuit Judge, in which case when the appeal is directed to a judge of the Court of Appeal or a High Court judge, respectively.
Clause 33 and Schedule 8: Investigation by Chief Coroner or by judge at Chief Coroner’s invitation
294. This clause gives effect to Schedule 8 which provides for the arrangements when an investigation into a death is to be conducted by the Chief Coroner or by a judge, or a retired judge or senior coroner, by invitation of the Chief Coroner.
295. The Chief Coroner has all the powers of a senior coroner. He or she can therefore conduct investigations personally. He or she can also arrange, with the permission of the Lord Chief Justice, for a judge (including a retired judge who has not reached the age of 70) to conduct an investigation. This will be appropriate when a case has particularly complex legal characteristics but it is envisaged that the power will be used sparingly. Arrangements can also be made for a retired senior coroner to conduct an investigation and this might be appropriate where backlogs have built up in a particular area or in an emergency situation.
296. This Schedule also describes the appeal process regarding decisions made by judges (including retired judges) who have dealt with investigations. This differs from the standard appeal process explained in clause 32 in which the Chief Coroner (or Deputy) will hear appeals. Where an investigation is carried out by a High Court Judge, retired High Court Judge, or retired Court of Appeal Judge, the appeal will be heard by the Court of Appeal (and subsections (8) and (9) of clause 32 are treated as omitted). Where an investigation is carried out by a Circuit judge an appeal will be heard by a High Court Judge nominated by the Lord Chief Justice.
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