Coroners and Justice Act 2009
2009 c. 25
An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes.
[12th November 2009]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) A senior coroner who is made aware that the body of a deceased person is within that coroner's area must as soon as practicable conduct an investigation into the person's death if subsection (2) applies.
(2) This subsection applies if the coroner has reason to suspect that—
(a) the deceased died a violent or unnatural death,
(b) the cause of death is unknown, or
(c) the deceased died while in custody or otherwise in state detention.
(3) Subsection (1) is subject to sections 2 to 4.
(4) A senior coroner who has reason to believe that—
(a) a death has occurred in or near the coroner's area,
(b) the circumstances of the death are such that there should be an investigation into it, and
(c) the duty to conduct an investigation into the death under subsection (1) does not arise because of the destruction, loss or absence of the body,
may report the matter to the Chief Coroner.
(5) On receiving a report under subsection (4) the Chief Coroner may direct a senior coroner (who does not have to be the one who made the report) to conduct an investigation into the death.
(6) The coroner to whom a direction is given under subsection (5) must conduct an investigation into the death as soon as practicable.
This is subject to section 3.
(7) A senior coroner may make whatever enquiries seem necessary in order to decide—
(a) whether the duty under subsection (1) arises;
(b) whether the power under subsection (4) arises.
(8) This Chapter is subject to Schedule 10.
2 Request for other coroner to conduct investigation
(1) A senior coroner (coroner A) who is under a duty under section 1(1) to conduct an investigation into a person's death may request a senior coroner for another area (coroner B) to conduct the investigation.
(2) If coroner B agrees to conduct the investigation, that coroner (and not coroner A) must conduct the investigation, and must do so as soon as practicable.
(3) Subsection (2) does not apply if a direction concerning the investigation is given under section 3 before coroner B agrees to conduct the investigation.
(4) Subsection (2) is subject to—
(a) any direction concerning the investigation that is given under section 3 after the agreement, and
(b) section 4.
(5) A senior coroner must give to the Chief Coroner notice in writing of any request made by him or her under subsection (1), stating whether or not the other coroner agreed to it.
3 Direction for other coroner to conduct investigation
(1) The Chief Coroner may direct a senior coroner (coroner B) to conduct an investigation under this Part into a person's death even though, apart from the direction, a different senior coroner (coroner A) would be under a duty to conduct it.
(2) Where a direction is given under this section, coroner B (and not coroner A) must conduct the investigation, and must do so as soon as practicable.
(3) Subsection (2) is subject to—
(a) any subsequent direction concerning the investigation that is given under this section, and
(b) section 4.
(4) The Chief Coroner must give notice in writing of a direction under this section to coroner A.
(5) A reference in this section to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.
4 Discontinuance where cause of death becomes clear before inquest
(1) A senior coroner who is responsible for conducting an investigation under this Part into a person's death must discontinue the investigation if—
(a) the coroner is satisfied that the cause of death has become clear in the course of the investigation,
(aa) an inquest into the death has not yet begun, and
(b) the coroner thinks that it is not necessary to continue the investigation.
(2) Subsection (1) does not apply if the coroner has reason to suspect that the deceased—
(a) died a violent or unnatural death, or
(b) died while in custody or otherwise in state detention.
(3) Where a senior coroner discontinues an investigation into a death under this section—
(a) the coroner may not hold an inquest into the death;
(b) no determination or finding under section 10(1) may be made in respect of the death.
This subsection does not prevent a fresh investigation under this Part from being conducted into the death.
(4) A senior coroner who discontinues an investigation into a death under this section must, if requested to do so in writing by an interested person, give to that person as soon as practicable a written explanation as to why the investigation was discontinued.
(1) The purpose of an investigation under this Part into a person's death is to ascertain—
(a) who the deceased was;
(b) how, when and where the deceased came by his or her death;
(c) the particulars (if any) required by the 1953 Act to be registered concerning the death.
(2) Where necessary in order to avoid a breach of any Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)), the purpose mentioned in subsection (1)(b) is to be read as including the purpose of ascertaining in what circumstances the deceased came by his or her death.
(3) Neither the senior coroner conducting an investigation under this Part into a person's death nor the jury (if there is one) may express any opinion on any matter other than—
(a) the questions mentioned in subsection (1)(a) and (b) (read with subsection (2) where applicable);
(b) the particulars mentioned in subsection (1)(c).
This is subject to paragraph 7 of Schedule 5.
A senior coroner who conducts an investigation under this Part into a person's death must (as part of the investigation) hold an inquest into the death.
This is subject to section 4(3)(a).
(1) An inquest into a death must be held without a jury unless subsection (2) or (3) applies.
(2) An inquest into a death must be held with a jury if the senior coroner has reason to suspect—
(a) that the deceased died while in custody or otherwise in state detention, and that either—
(i) the death was a violent or unnatural one, or
(ii) the cause of death is unknown,
(b) that the death resulted from an act or omission of—
(i) a police officer, or
(ii) a member of a service police force,
in the purported execution of the officer's or member's duty as such, or
(c) that the death was caused by a notifiable accident, poisoning or disease.
(3) An inquest into a death may be held with a jury if the senior coroner thinks that there is sufficient reason for doing so.
(4) For the purposes of subsection (2)(c) an accident, poisoning or disease is “notifiable” if notice of it is required under any Act to be given—
(a) to a government department,
(b) to an inspector or other officer of a government department, or
(c) to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37).
(5) But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).
(1) The jury at an inquest (where there is a jury) is to consist of seven, eight, nine, ten or eleven persons.
(2) For the purpose of summoning a jury, a senior coroner may summon persons (whether within or without the coroner area for which that coroner is appointed) to attend at the time and place stated in the summons.
(3) Once assembled, the members of a jury are to be sworn by or before the coroner to inquire into the death of the deceased and to give a true determination according to the evidence.
(4) Only a person who is qualified to serve as a juror in the Crown Court, the High Court and the county court, under section 1 of the Juries Act 1974 (c. 23), is qualified to serve as a juror at an inquest.
(5) The senior coroner may put to a person summoned under this section any questions that appear necessary to establish whether or not the person is qualified to serve as a juror at an inquest.
(1) Subject to subsection (2), a determination or finding that a jury is required to make under section 10(1) must be unanimous.
(2) A determination or finding need not be unanimous if—
(a) only one or two of the jury do not agree on it, and
(b) the jury has deliberated for a period of time that the senior coroner thinks reasonable in view of the nature and complexity of the case.
Before accepting a determination or finding not agreed on by all the members of the jury, the coroner must require one of them to announce publicly how many agreed and how many did not.
(3) If the members of the jury, or the number of members required by subsection (2)(a), do not agree on a determination or finding, the coroner may discharge the jury and another one may be summoned in its place.
9A Surrender of electronic communications devices by jurors
(1) A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period.
(2) An order may be made only if the senior coroner considers that—
(a) the order is necessary or expedient in the interests of justice, and
(b) the terms of the order are a proportionate means of safeguarding those interests.
(3) An order may only specify a period during which the members of the jury are—
(a) in the building in which the inquest is being heard,
(b) in other accommodation provided at the senior coroner's request,
(c) visiting a place in accordance with arrangements made for the purposes of the inquest, or
(d) travelling to or from a place mentioned in paragraph (b) or (c).
(4) An order may be made subject to exceptions.
(5) It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section.
(6) Proceedings for a contempt of court under this section may only be instituted on the motion of a senior coroner having jurisdiction to deal with it.
(7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
9B Surrender of electronic communications devices: powers of search etc
(1) This section applies where an order has been made under section 9A in respect of the members of a jury.
(2) A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.
(3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.
(4) If the search reveals a device which is required by the order to be surrendered—
(a) the officer must ask the juror to surrender the device, and
(b) if the juror refuses to do so, the officer may seize it.
(5) Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order.
(6) If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of—
(a) the end of the period specified in the order, and
(b) the end of such period as will enable the officer to draw it to the attention of a constable.
(7) A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized.
(8) The Lord Chancellor may by regulations make provision as to—
(a) the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section,
(b) the keeping of records about devices which have been surrendered or seized under this section,
(c) the period for which unclaimed devices have to be kept, and
(d) the disposal of unclaimed devices at the end of that period.
(9) In this section—
“electronic communications device” has the same meaning as in section 9A;
“unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.
9C Inquests without jury to be conducted at hearing or in writing
(1) Where an inquest into a death is to be held without a jury, the inquest is to be held—
(a) at a hearing, or
(b) if the senior coroner decides that a hearing is unnecessary, in writing.
(2) The senior coroner is not to decide that a hearing is unnecessary unless—
(a) the coroner has invited representations from each interested person known to the coroner,
(b) no interested person has represented on reasonable grounds that a hearing should take place,
(c) it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make, and
(d) it appears to the coroner that no public interest would be served by a hearing.
(1) After considering the evidence given to an inquest into a death, the senior coroner (if there is no jury) or the jury (if there is one) must—
(a) make a determination as to the questions mentioned in section 5(1)(a) and (b) (read with section 5(2) where applicable), and
(b) if particulars are required by the 1953 Act to be registered concerning the death, make a finding as to those particulars.
(2) A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—
(a) criminal liability on the part of a named person, or
(b) civil liability.
(3) In subsection (2) “criminal liability” includes liability in respect of a service offence.
(1) This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).
(2) A person is within this subsection if at the time of the death the person was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
(a) active service,
(b) activities carried on in preparation for, or directly in support of, active service, or
(c) training carried out in order to improve or maintain the effectiveness of those engaged in active service.
(3) A person is within this subsection if at the time of the death the person was not subject to service law but—
(a) by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, and
(b) was accompanying persons subject to service law who were engaged in active service.
(4) If—
(a) the person's body is within Scotland or is expected to be brought to the United Kingdom, and
(b) the Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,
the Secretary of State may notify the Lord Advocate accordingly.
(5) If—
(a) the person's body is within England and Wales, and
(b) the Chief Coroner thinks that it may be appropriate for the circumstances of the death to be investigated under that Act,
the Chief Coroner may notify the Lord Advocate accordingly.
13 Investigation in England and Wales despite body being brought to Scotland
(1) The Chief Coroner may direct a senior coroner to conduct an investigation into a person's death if—
(a) the deceased is a person within subsection (2) or (3) of section 12,
(b) the Lord Advocate has been notified under subsection (4) or (5) of that section in relation to the death,
(c) the body of the deceased has been brought to Scotland,
(d) no inquiry into the circumstances of the death under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 has been held (or any such inquiry that has been started has not been concluded),
(e) the Lord Advocate notifies the Chief Coroner that, in the Lord Advocate's view, it may be appropriate for an investigation under this Part into the death to be conducted, and
(f) the Chief Coroner has reason to suspect that—
(i) the deceased died a violent or unnatural death,
(ii) the cause of death is unknown, or
(iii) the deceased died while in custody or otherwise in state detention.
(2) The coroner to whom a direction is given under subsection (1) must conduct an investigation into the death as soon as practicable.
This is subject to section 3.
(1) A senior coroner may request a suitable practitioner to make a post-mortem examination of a body if—
(a) the coroner is responsible for conducting an investigation under this Part into the death of the person in question, or
(b) a post-mortem examination is necessary to enable the coroner to decide whether the death is one into which the coroner has a duty under section 1(1) to conduct an investigation.
(2) A request under subsection (1) may specify the kind of examination to be made.
(3) For the purposes of subsection (1) a person is a suitable practitioner if he or she—
(a) is a registered medical practitioner, or
(b) in a case where a particular kind of examination is requested, a practitioner of a description designated by the Chief Coroner as suitable to make examinations of that kind.
(4) Where a person informs the senior coroner that, in the informant's opinion, death was caused wholly or partly by the improper or negligent treatment of a registered medical practitioner or other person, that practitioner or other person—
(a) must not make, or assist at, an examination under this section of the body, but
(b) is entitled to be represented at such an examination.
This subsection has no effect as regards a post-mortem examination already made.
(5) A person who makes a post-mortem examination under this section must as soon as practicable report the result of the examination to the senior coroner in whatever form the coroner requires.
(1) A senior coroner who—
(a) is responsible for conducting an investigation under this Part into a person's death, or
(b) needs to request a post-mortem examination under section 14 in order to decide whether the death is one into which the coroner has a duty under section 1(1) to conduct an investigation,
may order the body to be removed to any suitable place.
(2) That place may be within the coroner's area or elsewhere.
(3) The senior coroner may not order the removal of a body under this section to a place provided by a person who has not consented to its being removed there.
This does not apply to a place within the coroner's area that is provided by a district council, a county council, a county borough council, a London borough council or the Common Council.
(1) A senior coroner who is conducting an investigation under this Part into a person's death that has not been completed or discontinued within a year—
(a) must notify the Chief Coroner of that fact;
(b) must notify the Chief Coroner of the date on which the investigation is completed or discontinued.
(2) In subsection (1) “within a year” means within the period of 12 months beginning with the day on which the coroner was made aware that the person's body was within the coroner's area.
(3) The Chief Coroner must keep a register of notifications given under subsection (1).
17 Monitoring of and training for investigations into deaths of service personnel
(1) The Chief Coroner must—
(a) monitor investigations under this Part into service deaths;
(b) secure that coroners conducting such investigations are suitably trained to do so.
(2) In this section “service death” means the death of a person who at the time of the death was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
(a) active service,
(b) activities carried on in preparation for, or directly in support of, active service, or
(c) training carried out in order to improve or maintain the effectiveness of those engaged in active service.
18 Notification by medical practitioner to senior coroner
(1) The Lord Chancellor may make regulations requiring a registered medical practitioner, in prescribed cases or circumstances, to notify a senior coroner of a death of which the practitioner is aware.
(2) Before making regulations under this section the Lord Chancellor must consult—
(a) the Secretary of State for Health and Social Care, and
(b) the Chief Coroner.
(1) An English NHS body may appoint persons as medical examiners to discharge in England the functions conferred on medical examiners by or under this Chapter.
(2) The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of ensuring—
(a) that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in England,
(b) that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in England, and
(c) that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.
(3) For the purposes of discharging the duty in subsection (2), the Secretary of State may give a direction to an English NHS body—
(a) requiring the body to appoint or arrange for the appointment of one or more medical examiners,
(b) about the funds or other resources to be made available to a medical examiner employed by an English NHS body,
(c) about the steps to be taken by the body to monitor the performance of such a medical examiner, or
(d) about the steps to be taken by the body to monitor the performance of functions by an English NHS body in relation to such a medical examiner.
(4) In this section “English NHS body” means—
(a) NHS England,
(b) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
(c) a National Health Service trust established under section 25 of that Act,
(d) a Special Health Authority established under section 28 of that Act, or
(e) an NHS foundation trust within the meaning of section 30 of that Act.
(1) A Welsh NHS body may appoint persons as medical examiners to discharge in Wales the functions conferred on medical examiners by or under this Chapter.
(2) The Welsh Ministers must take such steps as the Welsh Ministers consider appropriate for the purpose of ensuring—
(a) that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in Wales,
(b) that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in Wales, and
(c) that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.
(3) In this section “Welsh NHS body” means—
(a) a Local Health Board,
(b) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006, or
(c) a Special Health Authority established under section 22 of that Act.
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(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person may be appointed as a medical examiner only if, at the time of the appointment, he or she—
(a) is a registered medical practitioner and has been throughout the previous 5 years, and
(b) practises as such or has done within the previous 5 years.
(4) The appropriate Minister may by regulations make—
(a) provision about the terms of appointment of medical examiners and about termination of appointment;
(b) provision for the payment to medical examiners of remuneration, expenses, fees, compensation for termination of appointment, pensions, allowances or gratuities;
(c) provision as to training—
(i) to be undertaken as a precondition for appointment as a medical examiner;
(ii) to be undertaken by medical examiners;
(d) provision about the procedure to be followed in connection with the exercise of functions by medical examiners;
(e) provision conferring functions on medical examiners;
(f) provision for functions of medical examiners to be exercised, during a period of emergency, by persons not meeting the criteria in subsection (3).
(5) Nothing in section 18A or 18B or this section, or in regulations under this section, gives an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B) any role in relation to the way in which medical examiners exercise their professional judgment as medical practitioners.
(6) In this section “the appropriate Minister” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers.
(7) For the purposes of this section a “period of emergency” is a period certified as such by the Secretary of State on the basis that there is or has been, or is about to be, an event or situation involving or causing, or having the potential to cause, a substantial loss of human life throughout, or in any part of, England and Wales.
(8) A certification under subsection (7) must specify—
(a) the date when the period of emergency begins, and
(b) the date when it is to end.
(9) Subsection (8)(b) does not prevent the Secretary of State certifying a new period of emergency in respect of the same event or situation.
(1) The Secretary of State may by regulations make the following provision in relation to a death that is required to be registered under Part 2 of the 1953 Act—
(a) provision requiring a registered medical practitioner who attended the deceased before his or her death (an “attending practitioner”)—
(i) to prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief (an “attending practitioner's certificate”), or
(ii) where the practitioner is unable to establish the cause of death, to refer the case to a senior coroner;
(b) provision requiring a copy of an attending practitioner's certificate to be given to a medical examiner;
(c) provision allowing an attending practitioner, if invited to do so by the medical examiner or a registrar, to issue a fresh attending practitioner's certificate superseding the existing one;
(d) provision requiring a senior coroner to refer a case to a medical examiner;
(e) provision requiring a medical examiner to make whatever enquiries appear to be necessary in order to confirm or establish the cause of death;
(f) provision requiring a medical examiner to whom a copy of an attending practitioner's certificate has been given—
(i) to confirm the cause of death stated on the certificate and to notify a registrar that the cause of death has been confirmed, or
(ii) where the examiner is unable to confirm the cause of death, to refer the case to a senior coroner;
(g) provision for an attending practitioner's certificate, once the cause of death has been confirmed as mentioned in paragraph (f), to be given to a registrar;
(h) provision requiring a medical examiner to whom a case has been referred by a senior coroner—
(i) to issue a certificate stating the cause of death to the best of the examiner's knowledge and belief (a “medical examiner's certificate”) and to notify a registrar that the certificate has been issued, or
(ii) where the examiner is unable to establish the cause of the death, to refer the case back to the coroner;
(i) provision for a medical examiner's certificate to be given to a registrar;
(j) provision allowing a medical examiner, if invited to do so by the registrar, to issue a fresh medical examiner's certificate superseding the existing one;
(k) provision requiring a medical examiner or someone acting on behalf of a medical examiner—
(i) to discuss the cause of death with the informant or with some other person whom the examiner considers appropriate, and
(ii) to give him or her the opportunity to mention any matter that might cause a senior coroner to think that the death should be investigated under section 1;
(l) provision for confirmation to be given in writing, either by the informant or by a person of a prescribed description, that the requirement referred to in paragraph (k) has been complied with;
(m) provision prescribing forms (including the form of an attending practitioner's certificate and of a medical examiner's certificate) for use by persons exercising functions under the regulations, and requiring the forms to be made available to those persons;
(n) provision requiring the Chief Medical Officer of the Department of Health and Social Care, after consulting—
(i) the Officer with corresponding functions in relation to Wales,
(ii) the Registrar General, and
(iii) the Statistics Board,
to issue guidance as to how certificates and other forms under the regulations are to be completed;
(o) provision for certificates or other forms under the regulations to be signed or otherwise authenticated.
(2) Regulations under subsection (1) imposing a requirement—
(a) may prescribe a period within which the requirement is to be complied with;
(b) may prescribe cases or circumstances in which the requirement does, or does not, apply (and may, in particular, provide for the requirement not to apply during a period of emergency).
(3) The power under subsection (1)(m) to prescribe forms is exercisable only after consultation with—
(a) the Welsh Ministers,
(b) the Registrar General, and
(c) the Statistics Board.
(4) Regulations under subsection (1) may provide for functions that would otherwise be exercisable by a registered medical practitioner who attended the deceased before his or her death to be exercisable, during a period of emergency, by a registered medical practitioner who did not do so.
(5) The appropriate Minister may by regulations provide for a fee to be payable to an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B) in respect of—
(a) a medical examiner's confirmation of the cause of death stated on an attending practitioner's certificate, or
(b) the issue of a medical examiner's certificate.
(6) Section 7 of the Cremation Act 1902 (c. 8) (regulations as to burning) does not require the Secretary of State to make regulations, or to include any provision in regulations, if or to the extent that he or she thinks it unnecessary to do so in consequence of—
(a) provision made by regulations under this Chapter or by Coroners regulations, or
(b) provision contained in, or made by regulations under, Part 2 of the 1953 Act as amended by Part 1 of Schedule 21 to this Act.
(7) In this section—
“the appropriate Minister” has the same meaning as in section 19;
“informant”, in relation to a death, means the person who gave particulars concerning the death to the registrar under section 16 or 17 of the 1953 Act;
“period of emergency” has the same meaning as in section 19;
“the Statistics Board” means the body corporate established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).
(1) The Secretary of State may appoint a person as National Medical Examiner.
(2) The National Medical Examiner is to have—
(a) the function of issuing guidance to medical examiners with a view to securing that they carry out their functions in an effective and proportionate manner;
(b) any further functions conferred by regulations made by the Secretary of State.
(3) Before appointing a person as National Medical Examiner or making regulations under subsection (2)(b), the Secretary of State must consult the Welsh Ministers.
(4) A person may be appointed as National Medical Examiner only if, at the time of the appointment, he or she—
(a) is a registered medical practitioner and has been throughout the previous 5 years, and
(b) practises as such or has done within the previous 5 years.
(5) The appointment of a person as National Medical Examiner is to be on whatever terms and conditions the Secretary of State thinks appropriate.
(6) The Secretary of State may pay to the National Medical Examiner—
(a) amounts determined by the Secretary of State by way of remuneration or allowances;
(b) amounts determined by the Secretary of State towards expenses incurred in performing functions as such.
(7) The National Medical Examiner may amend or revoke any guidance issued under subsection (2)(a).
(8) The National Medical Examiner must consult the Welsh Ministers before issuing, amending or revoking any such guidance.
(9) Medical examiners must have regard to any such guidance in carrying out their functions.
(1) The relevant authority for a coroner area—
(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;
(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 local policing body.
(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 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.
(1) Schedule 8 makes provision about the appointment etc of the Chief Coroner and Deputy Chief Coroners.
(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 any of the functions of the Lord Chief Justice under Schedule 8.
36 Reports and advice to the Lord Chancellor from the Chief Coroner
(1) The Chief Coroner must give the Lord Chancellor a report for each calendar year.
(2) The report must cover—
(a) matters that the Chief Coroner wishes to bring to the attention of the Lord Chancellor;
(b) matters that the Lord Chancellor has asked the Chief Coroner to cover in the report.
(3) The report must contain an assessment for the year of the consistency of standards between coroners areas.
(4) The report must also contain a summary for the year of—
(a) the number and length of—
(i) investigations in respect of which notification was given under subsection (1)(a) or (b) of section 16, and
(ii) investigations that were not concluded or discontinued by the end of the year and in respect of which notification was given under subsection (1)(a) of that section in a previous year,
as well as the reasons for the length of those investigations and the measures taken with a view to keeping them from being unnecessarily lengthy;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the matters recorded under paragraph 4 of Schedule 5;
(d) the matters reported under paragraph 7 of that Schedule and the responses given under sub-paragraph (2) of that paragraph.
(5) A report for a year under this section must be given to the Lord Chancellor by 1 July in the following year.
(6) The Lord Chancellor must publish each report given under this section and must lay a copy of it before each House of Parliament.
(7) If requested to do so by the Lord Chancellor, the Chief Coroner must give advice to the Lord Chancellor about particular matters relating to the operation of the coroner system.
(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;
(b) the Coroner for Treasure and Assistant Coroners for Treasure;
(c) coroners' officers and other staff assisting persons within paragraph (a) or (b).
(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;
(c) the frequency with which it is to be undertaken.
41 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner
Schedule 10 makes provision for an investigation into a person's death to be carried out by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.
(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 47(2)(a).
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) about the role of coroners' officers and other staff in helping such persons to participate in investigations ....
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 or revoking any guidance under this section.
(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 examinations under section 14;
(c) for regulating the practice and procedure at or in connection with exhumations under paragraph 6 of Schedule 5.
Regulations under this section are referred to in this Part as “Coroners regulations”.
(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,
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 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;
(e) provision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;
(f) provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;
(g) 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);
(h) provision, in relation to authorisations under paragraph 3 of Schedule 5 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;
(i) 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;
(j) provision about reports under paragraph 7 of that Schedule.
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;
(b) may be applied with or without modifications;
(c) may be applied as amended from time to time.