Legalize / United Kingdom / Public General Act

Coroners and Justice Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(41A) (1) The Commissioner may serve a data controller within subsection (2) with a notice (in this Act referred to as an “assessment notice”) for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles. (2) A data controller is within this subsection if the data controller is— (a) a government department, (b) a public authority designated for the purposes of this section by an order made by the Secretary of State, or (c) a person of a description designated for the purposes of this section by such an order. (3) An assessment notice is a notice which requires the data controller to do all or any of the following— (a) permit the Commissioner to enter any specified premises; (b) direct the Commissioner to any documents on the premises that are of a specified description; (c) assist the Commissioner to view any information of a specified description that is capable of being viewed using equipment on the premises; (d) comply with any request from the Commissioner for— (i) a copy of any of the documents to which the Commissioner is directed; (ii) a copy (in such form as may be requested) of any of the information which the Commissioner is assisted to view; (e) direct the Commissioner to any equipment or other material on the premises which is of a specified description; (f) permit the Commissioner to inspect or examine any of the documents, information, equipment or material to which the Commissioner is directed or which the Commissioner is assisted to view; (g) permit the Commissioner to observe the processing of any personal data that takes place on the premises; (h) make available for interview by the Commissioner a specified number of persons of a specified description who process personal data on behalf of the data controller (or such number as are willing to be interviewed). (4) In subsection (3) references to the Commissioner include references to the Commissioner's officers and staff. (5) An assessment notice must, in relation to each requirement imposed by the notice, specify— (a) the time at which the requirement is to be complied with, or (b) the period during which the requirement is to be complied with. (6) An assessment notice must also contain particulars of the rights of appeal conferred by section 48. (7) The Commissioner may cancel an assessment notice by written notice to the data controller on whom it was served. (8) Where a public authority has been designated by an order under subsection (2)(b) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be appropriate for the authority to be designated. (9) The Secretary of State may not make an order under subsection (2)(c) which designates a description of persons unless— (a) the Commissioner has made a recommendation that the description be designated, and (b) the Secretary of State has consulted— (i) such persons as appear to the Secretary of State to represent the interests of those that meet the description; (ii) such other persons as the Secretary of State considers appropriate. (10) The Secretary of State may not make an order under subsection (2)(c), and the Commissioner may not make a recommendation under subsection (9)(a), unless the Secretary of State or (as the case may be) the Commissioner is satisfied that it is necessary for the description of persons in question to be designated having regard to— (a) the nature and quantity of data under the control of such persons, and (b) any damage or distress which may be caused by a contravention by such persons of the data protection principles. (11) Where a description of persons has been designated by an order under subsection (2)(c) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be necessary for the description to be designated having regard to the matters mentioned in subsection (10). (12) In this section— - “public authority” includes any body, office-holder or other person in respect of which— 1. an order may be made under section 4 or 5 of the Freedom of Information Act 2000, or 2. an order may be made under section 4 or 5 of the Freedom of Information (Scotland) Act 2002; - “specified” means specified in an assessment notice. (41B) (1) A time specified in an assessment notice under section 41A(5) in relation to a requirement must not fall, and a period so specified must not begin, before the end of the period within which an appeal can be brought against the notice, and if such an appeal is brought the requirement need not be complied with pending the determination or withdrawal of the appeal. (2) If by reason of special circumstances the Commissioner considers that it is necessary for the data controller to comply with a requirement in an assessment notice as a matter of urgency, the Commissioner may include in the notice a statement to that effect and a statement of the reasons for that conclusion; and in that event subsection (1) applies in relation to the requirement as if for the words from “within” to the end there were substituted “ of 7 days beginning with the day on which the notice is served ”. (3) A requirement imposed by an assessment notice does not have effect in so far as compliance with it would result in the disclosure of— (a) any communication between a professional legal adviser and the adviser's client in connection with the giving of legal advice with respect to the client's obligations, liabilities or rights under this Act, or (b) any communication between a professional legal adviser and the adviser's client, or between such an adviser or the adviser's client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings. (4) In subsection (3) references to the client of a professional legal adviser include references to any person representing such a client. (5) Nothing in section 41A authorises the Commissioner to serve an assessment notice on— (a) a judge, (b) a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters), or (c) the Office for Standards in Education, Children's Services and Skills in so far as it is a data controller in respect of information processed for the purposes of functions exercisable by Her Majesty's Chief Inspector of Eduction, Children's Services and Skills by virtue of section 5(1)(a) of the Care Standards Act 2000. (6) In this section “judge” includes — (a) a justice of the peace (or, in Northern Ireland, a lay magistrate), (b) a member of a tribunal, and (c) a clerk or other officer entitled to exercise the jurisdiction of a court or tribunal; and in this subsection “tribunal” means any tribunal in which legal proceedings may be brought. (41C) (1) The Commissioner must prepare and issue a code of practice as to the manner in which the Commissioner's functions under and in connection with section 41A are to be exercised. (2) The code must in particular— (a) specify factors to be considered in determining whether to serve an assessment notice on a data controller; (b) specify descriptions of documents and information that— (i) are not to be examined or inspected in pursuance of an assessment notice, or (ii) are to be so examined or inspected only by persons of a description specified in the code; (c) deal with the nature of inspections and examinations carried out in pursuance of an assessment notice; (d) deal with the nature of interviews carried out in pursuance of an assessment notice; (e) deal with the preparation, issuing and publication by the Commissioner of assessment reports in respect of data controllers that have been served with assessment notices. (3) The provisions of the code made by virtue of subsection (2)(b) must, in particular, include provisions that relate to— (a) documents and information concerning an individual's physical or mental health; (b) documents and information concerning the provision of social care for an individual. (4) An assessment report is a report which contains— (a) a determination as to whether a data controller has complied or is complying with the data protection principles, (b) recommendations as to any steps which the data controller ought to take, or refrain from taking, to ensure compliance with any of those principles, and (c) such other matters as are specified in the code. (5) The Commissioner may alter or replace the code. (6) If the code is altered or replaced, the Commissioner must issue the altered or replacement code. (7) The Commissioner may not issue the code (or an altered or replacement code) without the approval of the Secretary of State. (8) The Commissioner must arrange for the publication of the code (and any altered or replacement code) issued under this section in such form and manner as the Commissioner considers appropriate. (9) In this section “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).

174

(1) After section 52 of the Data Protection Act 1998 (c. 29) insert—

(52A) (1) The Commissioner must prepare a code of practice which contains— (a) practical guidance in relation to the sharing of personal data in accordance with the requirements of this Act, and (b) such other guidance as the Commissioner considers appropriate to promote good practice in the sharing of personal data. (2) For this purpose “good practice” means such practice in the sharing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements of this Act. (3) Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate— (a) trade associations (within the meaning of section 51); (b) data subjects; (c) persons who appear to the Commissioner to represent the interests of data subjects. (4) In this section a reference to the sharing of personal data is to the disclosure of the data by transmission, dissemination or otherwise making it available. (52B) (1) When a code is prepared under section 52A, it must be submitted to the Secretary of State for approval. (2) Approval may be withheld only if it appears to the Secretary of State that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation. (3) The Secretary of State must— (a) if approval is withheld, publish details of the reasons for withholding it; (b) if approval is granted, lay the code before Parliament. (4) If, within the 40-day period, either House of Parliament resolves not to approve the code, the code is not to be issued by the Commissioner. (5) If no such resolution is made within that period, the Commissioner must issue the code. (6) Where— (a) the Secretary of State withholds approval, or (b) such a resolution is passed, the Commissioner must prepare another code of practice under section 52A. (7) Subsection (4) does not prevent a new code being laid before Parliament. (8) A code comes into force at the end of the period of 21 days beginning with the day on which it is issued. (9) A code may include transitional provision or savings. (10) In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid). (11) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. (52C) (1) The Commissioner— (a) must keep the data-sharing code under review, and (b) may prepare an alteration to that code or a replacement code. (2) Where, by virtue of a review under subsection (1)(a) or otherwise, the Commissioner becomes aware that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation, the Commissioner must exercise the power under subsection (1)(b) with a view to remedying the situation. (3) Before an alteration or replacement code is prepared under subsection (1), the Commissioner must consult such of the following as the Commissioner considers appropriate— (a) trade associations (within the meaning of section 51); (b) data subjects; (c) persons who appear to the Commissioner to represent the interests of data subjects. (4) Section 52B (other than subsection (6)) applies to an alteration or replacement code prepared under this section as it applies to the code as first prepared under section 52A. (5) In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time). (52D) (1) The Commissioner must publish the code (and any replacement code) issued under section 52B(5). (2) Where an alteration is so issued, the Commissioner must publish either— (a) the alteration, or (b) the code or replacement code as altered by it. (52E) (1) A failure on the part of any person to act in accordance with any provision of the data-sharing code does not of itself render that person liable to any legal proceedings in any court or tribunal. (2) The data-sharing code is admissible in evidence in any legal proceedings. (3) If any provision of the data-sharing code appears to— (a) the Tribunal or a court conducting any proceedings under this Act, (b) a court or tribunal conducting any other legal proceedings, or (c) the Commissioner carrying out any function under this Act, to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to any time when it was in force, that provision of the code must be taken into account in determining that question. (4) In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time).

(2) In section 51 of the Data Protection Act 1998 (c. 29) (general duties of Commissioner), after subsection (5) insert—

(5A) In determining the action required to discharge the duties imposed by subsections (1) to (4), the Commissioner may take account of any action taken to discharge the duty imposed by section 52A (data-sharing code).

Further amendments of the Data Protection Act 1998 (c. 29)

175

Schedule 20 contains further amendments of the Data Protection Act 1998 (c. 29).

Part 9 — General

Orders, regulations and rules

176

(1) Orders or regulations made by the Secretary of State, the Lord Chancellor, the Welsh Ministers or the Chief Coroner under this Act are to be made by statutory instrument.

(2) The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the Chief Coroner under section 37 to make regulations as if the Chief Coroner were a Minister of the Crown.

(2A) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(3) Any power conferred by this Act to make orders, regulations or rules includes power—

(a) to make provision generally or only for specified purposes, cases, circumstances or areas;

(b) to make different provision for different purposes, cases, circumstances or areas;

(4) A statutory instrument containing an order or regulations under this Act is subject to negative resolution procedure unless it is—

(a) an instrument within subsection (5), or

(b) an instrument containing an order under section 182 only.

(5) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 20(5) setting a fee for the first time or increasing the fee by more than is necessary to reflect changes in the value of money,

(b) an order under section 40(6),

(d) an order under section 148(1) or (3),

(e) an order under section 161(2)(a)(ii) or (4),

(f) an order under section 177 which contains provision amending or repealing any provision of an Act, or

(g) an order under paragraph 34 or 35 of Schedule 22.

is subject to affirmative resolution procedure.

(6) In this section—

“affirmative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State or the Lord Chancellor, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;

“negative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State, Lord Chancellor or Chief Coroner, annulment in pursuance of a resolution of either House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales.

(7) No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(9) Subsection (7) does not apply to the making by the Department of Justice of—

(a) an order under section 177 which does not contain any provision amending or repealing any provision of an Act;

(b) an order under section 182;

and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Consequential etc amendments and transitional and saving provisions

177

(1) Schedule 21 contains minor and consequential amendments.

(2) Schedule 22 contains transitional, transitory and saving provisions.

(3) An appropriate minister may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as the appropriate minister considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(3A) In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.

(4) An order under subsection (3) may, in particular—

(a) provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

(b) modify any provision of—

(i) any Act (including this Act and any Act passed in the same session as this Act);

(ii) subordinate legislation made before the passing of this Act;

(iii) Northern Ireland legislation passed, or made, before the passing of this Act;

(iv) any instrument made, before the passing of this Act, under Northern Ireland legislation.

(5) Nothing in this section limits the power, by virtue of section 176(3), to include incidental, supplementary, consequential, transitional, transitory or saving provision in an order under section 182 (commencement).

(6) The modifications that may be made by virtue of subsection (4)(b) are in addition to those made by, or which may be made under, any other provision of this Act.

(7) Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

(8) The power under subsection (7) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

(9) Subsection (7) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

(10) In this section—

“appropriate minister” means the Secretary of State or the Lord Chancellor;

“modify” includes amend, repeal and revoke, and modification is to be construed accordingly;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Repeals

178

Schedule 23 contains repeals (including repeals of spent provisions).

Financial provision

179

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Effect of amendments to provisions applied for purposes of service law

180

(1) In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

(a) relate to criminal justice, and

(b) are applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.

(2) Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

(3) In this section “service law” means—

(a) the system of service law established by the Armed Forces Act 2006, or

(b) any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

Extent

181

(1) Subject to the following provisions of this section and any other provision of this Act, this Act extends to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 84;

(b) the service courts provisions of Chapter 2 of Part 3;

(d) Part 7 (except sections 158(1) and (2), 170(2) and 171 and Schedule 19);

(e) sections 176 to 183;

(f) paragraph 4 of Schedule 1;

(g) paragraphs 8, 15, 29, 42 and 45 of Schedule 22.

(3) The following provisions extend to England and Wales and Northern Ireland—

(a) sections 54, 55 and 56(1);

(b) section 61 and Schedule 12;

(d) section 67(3);

(e) section 68 and Schedule 13;

(f) section 71;

(g) section 73;

(h) Chapter 1 of Part 3 (except section 84);

(i) Chapter 2 of that Part, and paragraphs 16 and 17 of Schedule 22, (subject to subsection (2)(b));

(j) paragraphs 7, 12(2), 39, 40 and 41 of Schedule 22.

(4) The following provisions extend to Northern Ireland only—

(a) section 49 and Schedule 11;

(b) section 67(2);

(5) Paragraphs 34 and 35 of Schedule 22 extend to England and Wales and Scotland, and paragraph 36 of that Schedule extends to Scotland only.

(6) Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

(7) In section 338(1) of the Criminal Justice Act 2003 (c. 44) (power to extend the provisions of that Act to the Channel Islands etc) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

(8) In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man etc) any reference to that Act includes a reference to—

(a) that Act as amended by or under any provision of this Act;

(b) section 84;

(d) section 180.

(9) In section 79(3) of the International Criminal Court Act 2001 (c. 17) (power to extend provisions of that Act to Channel Islands, Isle of Man etc) the reference to that Act includes a reference to that Act as amended by section 70.

(10) In this section “the service courts provisions of Chapter 2 of Part 3” means the provisions of Chapter 2 of Part 3, and paragraph 70 of Schedule 21 and paragraphs 16 to 22 of Schedule 22, so far as having effect in relation to service courts.

Commencement

182

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 47 and 48;

(b) section 116;

(d) sections 151 and 152;

(e) section 154;

(f) this section and sections 176, 177(3) to (10), 179, 181 and 183;

(g) Schedule 18;

(h) paragraphs 62(3) and 94 to 98 of Schedule 21 (and section 177(1) so far as relating to those provisions);

(i) Part 1 and paragraphs 26 and 47 of Schedule 22 (and section 177(2) so far as relating to those provisions);

(j) in Schedule 23—

(i) in Part 3, the repeals relating to the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme Court Act 1981 (c. 54),

(ii) in Part 4, the repeals in the Criminal Justice and Immigration Act 2008 (c. 4),

(iii) in Part 5, the repeal of section 8(6) of the Animal Welfare Act 2006 (c. 45),

(iv) in Part 6, the repeals in sections 17 and 17A of, and Schedule 3 to, the Access to Justice Act 1999 (c. 22), and

(v) Part 9,

and section 178 so far as relating to those repeals.

(2) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

(a) section 73;

(b) section 138;

(d) paragraph 37 of Schedule 22 (and section 177(2) so far as relating to that provision);

(e) in Part 2 of Schedule 23, the repeals relating to the following Acts—

(i) Libel Act 1792 (c. 60),

(ii) Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8),

(iii) Libel Act 1843 (c. 96),

(iv) Newspaper Libel and Registration Act 1881 (c. 60),

(v) Law of Libel Amendment Act 1888 (c. 64),

(vi) Defamation Act 1952 (c. 66),

(vii) Theatres Act 1968 (c. 54),

(viii) Broadcasting Act 1990 (c. 42),

(ix) Criminal Procedure and Investigations Act 1996 (c. 25),

(x) Defamation Act 1996 (c. 31), and

(xi) Legal Deposit Libraries Act 2003 (c. 28),

and section 178 so far as relating to those repeals.

(3) The following provisions come into force on 1 January 2010—

(a) Chapter 2 of Part 3;

(b) paragraphs 69 to 71 of Schedule 21 (and section 177(1) so far as relating to those provisions);

(d) in Part 3 of Schedule 23, the repeals relating to the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) (and section 178 so far as relating to those repeals).

(4) The following provisions come into force on such day as the Lord Chancellor may by order appoint—

(a) Part 1 (other than sections 19, 20, 21, 47 and 48);

(b) Chapter 1 of Part 4;

(d) sections 149, 150 and 153;

(e) Parts 1 and 8 of Schedule 21 (and section 177(1) so far as relating to those provisions);

(f) paragraphs 27, 28 and 44 of Schedule 22 (and section 177(2) so far as relating to those provisions);

(g) in Schedule 23—

(i) the repeals in Part 1,

(ii) the repeals in Part 4 (other than those relating to the Criminal Procedure (Scotland) Act 1995 (c. 46) and the Criminal Justice and Immigration Act 2008 (c. 4)), and

(iii) in Part 6, the repeals of section 2(2) of, and paragraph 1(h) of Schedule 2 to, the Access to Justice Act 1999 (c. 22),

and section 178 so far as relating to those repeals.

(5) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(6) The power to make provision by order under subsection (4) or (5) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor or the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

(7) Before making an order under subsection (4) or (5) bringing into force any provision for the purposes of the law of Northern Ireland, the Lord Chancellor or the Secretary of State must consult the Department of Justice.

Short title

183

This Act may be cited as the Coroners and Justice Act 2009.

Schedule 1

Part 1 — Suspension of investigations

Suspension where certain criminal charges may be brought

1

(1) A senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.

(2) The first case is where a prosecuting authority requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a) a homicide offence involving the death of the deceased, or

(b) an offence (other than a service offence) that is alleged to be a related offence.

(3) The second case is where a Provost Marshal of a service police force, the Provost Marshal for serious crime or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a) the service equivalent of a homicide offence involving the death of the deceased, or

(b) a service offence that is alleged to be a related offence.

(4) Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—

(a) a period of 28 days beginning with the day on which the suspension first takes effect, or

(b) whatever longer period (beginning with that day) the coroner specifies.

(5) The period referred to in sub-paragraph (4) may be extended or further extended—

(a) in the first case, at the request of the authority by which the suspension was originally requested;

(b) in the second case, at the request of—

(i) the Provost Marshal by whom the suspension was originally requested, or

(ii) the Director of Service Prosecutions.

(6) In this Act—

“homicide offence” means—murder, manslaughter, corporate manslaughter or infanticide;an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—section 1 (causing death by dangerous driving);section 2B (causing death by careless, or inconsiderate, driving);section 3ZB (causing death by driving: unlicensed ... or uninsured drivers);section 3ZC (causing death by driving: disqualified drivers);section 3A (causing death by careless driving when under the influence of drink or drugs);an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) of causing or allowing the death of a child or vulnerable adult;

“related offence” means an offence (including a service offence) that—involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, orinvolves the death of a person other than the deceased (whether or not it is a homicide offence or the service equivalent of a homicide offence) and is committed in circumstances connected with the death of the deceased;

“the service equivalent of a homicide offence” means an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)) corresponding to a homicide offence.

Suspension where certain criminal proceedings are brought

2

(1) Subject to sub-paragraph (6), a senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.

(2) The first case is where the coroner—

(a) becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, or

(b) becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.

(3) The second case is where the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.

(4) The third case is where a prosecuting authority informs the coroner that a person—

(a) has appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, or

(b) has been charged on an indictment with such an offence without having been sent for trial for it,

and the prosecuting authority requests the coroner to suspend the investigation.

(5) The fourth case is where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence, and the Director requests the coroner to suspend the investigation.

(6) The coroner need not suspend the investigation—

(a) in the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing;

(b) in the second case, if the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation continuing;

(7) In the case of an investigation that is already suspended under paragraph 1—

(a) a suspension imposed by virtue of sub-paragraph (2) of that paragraph comes to an end if, in reliance of sub-paragraph (6)(a) above, the coroner decides not to suspend the investigation;

(b) a suspension imposed by virtue of sub-paragraph (3) of that paragraph comes to an end if, in reliance on sub-paragraph (6)(b) above, the coroner decides not to suspend the investigation;

(c) a reference above in this paragraph to suspending an investigation is to be read as a reference to continuing the suspension of an investigation;

(d) if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 8 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).

Suspension pending inquiry under Inquiries Act 2005

3

(1) Subject to sub-paragraph (2), a senior coroner must suspend an investigation under this Part of this Act into a person's death if—

(a) the Lord Chancellor requests the coroner to do so on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12) that is being or is to be held,

(b) a senior judge has been appointed under that Act as chairman of the inquiry, and

(c) the Lord Chief Justice has indicated approval to the Lord Chancellor, for the purposes of this paragraph, of the appointment of that judge.

In paragraph (b) “senior judge” means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court.

(2) The coroner need not suspend the investigation if there appears to be an exceptional reason for not doing so.

(3) In the case of an investigation that is already suspended under paragraph 1—

(a) a reference above in this paragraph to suspending the investigation is to be read as a reference to continuing the suspension of the investigation;

(b) if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 9 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).

4

(1) This paragraph applies where an investigation is suspended under paragraph 3 on the basis that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12).

(2) The terms of reference of the inquiry must be such that it has as its purpose, or among its purposes, the purpose set out in section 5(1) above (read with section 5(2) where applicable); and section 5 of the Inquiries Act 2005 has effect accordingly.

General power to suspend

5

A senior coroner may suspend an investigation under this Part of this Act into a person's death in any case if it appears to the coroner that it would be appropriate to do so.

Effect of suspension

6

(1) Where an investigation is suspended under this Schedule, the senior coroner must adjourn any inquest that is being held as part of the investigation.

(2) Where an inquest held with a jury is adjourned under this paragraph, the senior coroner may discharge the jury.

Part 2 — Resumption of investigations

Resumption of investigation suspended under paragraph 1

7

An investigation that is suspended under paragraph 1 must be resumed once the period under sub-paragraph (4) of that paragraph, or as the case may be the extended period under sub-paragraph (5) of that paragraph, has ended.

Resumption of investigation suspended under paragraph 2

8

(1) An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it.

(2) Subject to sub-paragraph (3)—

(a) an investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;

(b) an investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.

(3) The investigation may be resumed while the proceedings in question are continuing if—

(a) in the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;

(b) in the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.

(4) For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—

(a) in the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;

(b) in the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.

(5) In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—

(a) the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;

(b) any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.

Resumption of investigation suspended under paragraph 3

9

(1) Where an investigation is suspended under paragraph 3—

(a) it may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it;

(b) it may not be resumed before the end of the period of 28 days beginning with the relevant day;

(c) where sub-paragraph (4), (6), (8) or (10) applies, it may be resumed only in accordance with that sub-paragraph (and not before the end of the 28-day period mentioned in paragraph (b)).

(2) In sub-paragraph (1)(b) “the relevant day” means—

(a) if the Lord Chancellor gives the coroner notification under this paragraph, the day on which the inquiry concerned is concluded;

(b) otherwise, the day on which the findings of that inquiry are published.

(3) Sub-paragraph (4) applies where, during the suspension of the investigation, the coroner—

(a) becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, or

(b) becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.

(4) The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless a prosecuting authority informs the coroner that it has no objection to the investigation being resumed before then.

(5) Sub-paragraph (6) applies where, during the suspension of the investigation, the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.

(6) The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed before then.

(7) Sub-paragraph (8) applies where, during the suspension of the investigation, a prosecuting authority informs the senior coroner that a person—

(a) has appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, or

(b) has been charged on an indictment with such an offence without having been sent for trial for it.

(8) If the prosecuting authority requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.

(9) Sub-paragraph (10) applies where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence.

(10) If the Director of Service Prosecutions requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.

(11) In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—

(a) the inquiry under the Inquiries Act 2005 (c. 12) by reason of which the investigation was suspended;

(b) any proceedings that, by reason of sub-paragraph (4), (6), (8) or (10), had to be concluded before the investigation could be resumed.

Resumption of investigation suspended under paragraph 5

10

An investigation that is suspended under paragraph 5 may be resumed at any time if the senior coroner thinks that there is sufficient reason for resuming it.

Supplemental

11

(1) Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.

(2) Sub-paragraphs (3) and (4) apply, in place of section 7, to an inquest that is resumed under this paragraph.

(3) The resumed inquest may be held with a jury if the senior coroner thinks that there is sufficient reason for it to be held with one.

(4) Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—

(a) if at least seven persons who were members of the original jury are available to serve at the resumed inquest, the resumed inquest must be held with a jury consisting of those persons;

(b) if not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.

(5) Where an inquest is resumed under this paragraph without a jury (whether or not it had one before the adjournment), the senior coroner must consider, in accordance with section 9C, whether the resumed inquest is to be held at a hearing or in writing.

Schedule 2

Coroner areas

1

(1) England and Wales is to be divided into areas to be known as coroner areas.

(2) Each coroner area is to consist of the area of a local authority or the combined areas of two or more local authorities.

(3) Subject to paragraph 2—

(a) the coroner areas are to be those specified in an order made by the Lord Chancellor;

(b) each coroner area is to be known by whatever name is specified in the order.

(4) Before making an order under this paragraph, the Lord Chancellor must consult—

(a) every local authority,

(b) the Welsh Ministers, and

Alteration of coroner areas

2

(1) The Lord Chancellor may make orders altering coroner areas.

(2) Before making an order under this paragraph the Lord Chancellor must consult—

(a) whichever local authorities the Lord Chancellor thinks appropriate,

(b) in the case of a coroner area in Wales, the Welsh Ministers, and

(3) “Altering”, in relation to a coroner area, includes (as well as changing its boundaries)—

(a) combining it with one or more other coroner areas;

(b) dividing it between two or more other coroner areas;

Relevant authorities

3

(1) This paragraph sets out for the purposes of this Part what is the “relevant authority” for a given coroner area.

(2) In the case of a coroner area consisting of the area of a single local authority, that authority is the relevant authority for the coroner area.

(3) In the case of a coroner area consisting of the areas of two or more local authorities, the relevant authority for the coroner area is—

(a) whichever one of those authorities they jointly nominate;

(b) if they cannot agree on a nomination, whichever one of them the Lord Chancellor determines.

(4) Before making a determination under sub-paragraph (3)(b) the Lord Chancellor must consult—

(a) the Secretary of State, in a case involving local authorities in England;

(b) the Welsh Ministers, in a case involving local authorities in Wales.

(5) This paragraph has effect subject to paragraph 2 of Schedule 22.

Effect of body being outside coroner area etc

4

(1) This paragraph applies where—

(a) a senior coroner is responsible for conducting an investigation under this Part into a person's death, and

(b) the body is outside the coroner's area (whether because of its removal or otherwise).

(2) The coroner has the same functions in relation to the body and the investigation as would be the case if the body were within the coroner's area.

(3) The presence of the body at a place outside the coroner's area does not confer any functions on any other coroner.

Schedule 3

Part 1 — Appointment of senior, area and assistant coroners

Appointment of senior coroners

1

(1) The relevant authority for each coroner area must appoint a coroner (the “senior coroner”) for that area.

(2) In the case of a coroner area that consists of the areas of two or more local authorities, the relevant authority for the area must consult the other authorities before making an appointment under this paragraph.

(3) A person may not be appointed as a senior coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.

Appointment of area and assistant coroners

2

(1) The Lord Chancellor may by order require the appointment, for any coroner area, of—

(a) an area coroner, or a specified number of area coroners;

(b) a minimum number of assistant coroners.

(2) Before making an order under this paragraph in relation to a particular coroner area, the Lord Chancellor must consult—

(a) the Chief Coroner, and

(b) every local authority whose area falls within the coroner area (or, as the case may be, the local authority whose area is the same as the coroner area).

(3) The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(a) must appoint an area coroner or, as the case may be, the number of area coroners specified for the area in the order.

(4) The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(b) must appoint at least the number of assistant coroners specified for the area in the order.

(5) A person may not be appointed as an area coroner or assistant coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.

Part 2 — Qualifications of senior, area and assistant coroners

3

To be eligible for appointment as a senior coroner, area coroner or assistant coroner, a person must—

(a) be under the age of 75, and

(b) satisfy the judicial-appointment eligibility condition on a 5-year basis.

4

(1) A person who is a councillor for a local authority, or has been during the previous 6 months, may not be appointed as the senior coroner, or as an area coroner or assistant coroner, for a coroner area that is the same as or includes the area of that local authority.

(2) In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.

Part 3 — Vacancies; functions of area and assistant coroners

Filling of vacancies

5

(1) This paragraph applies where a vacancy occurs—

(a) in the office of senior coroner for an area, or

(b) in an office of area coroner for an area.

(2) The relevant authority for the area must—

(a) give notice in writing of the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after the vacancy occurs;

(b) appoint a person to fill the vacancy under paragraph 1 or 2 (as the case may be) within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows;

(c) give notice in writing of the appointment of a person to fill the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after it is filled.

6

(1) This paragraph applies where—

(a) a vacancy occurs in an office of assistant coroner for an area, and

(b) the vacancy causes the number of assistant coroners for the area to fall below (or further below) the minimum number specified under paragraph 2(1)(b).

(2) Within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows, the relevant authority for the area must appoint a person to fill the vacancy.

Person to act as senior coroner in case of vacancy

7

(1) This paragraph applies where a vacancy occurs in the office of senior coroner for an area.

(2) Subject to sub-paragraph (3), the area coroner for the area (or, if there is more than one such area coroner, whichever of them is nominated by the relevant authority for the area) is to act as senior coroner for the area while the office remains vacant.

(3) Where there is no area coroner for the area, whichever assistant coroner for the area is nominated by the relevant authority for the area is to act as senior coroner for the area while the office remains vacant.

(4) In the case of a coroner area that consists of the area of two or more local authorities, the relevant authority for the area must consult the other authority or authorities before making a nomination under this paragraph.

(5) A person who acts as senior coroner for an area by virtue of this paragraph is to be treated for all purposes of this Part of this Act (except those of this paragraph and paragraphs 1 to 5 and 9 to 19 of this Schedule) as being the senior coroner for the area.

Functions of area and assistant coroners

8

(1) An area coroner or assistant coroner for an area may perform any functions of the senior coroner for the area (including functions which that senior coroner has by virtue of section 2 or 3)—

(a) during a period when that senior coroner is absent or unavailable;

(b) at any other time, with the consent of that senior coroner.

(2) Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including an area coroner or assistant coroner.

Part 4 — Terms of office of senior, area and assistant coroners

Status of office

9

The offices of senior coroner, area coroner and assistant coroner are not to be regarded as freehold offices.

Vacation or termination of office

10

A senior coroner, area coroner or assistant coroner must vacate office on reaching the age of 75.

11

(1) The senior coroner or an area coroner or assistant coroner for an area (“the relevant coroner area”) must vacate office immediately if—

(a) he or she becomes a councillor for a local authority, and

(b) the area of that local authority is the same as or falls within the relevant coroner area.

(2) In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.

12

The senior coroner or an area coroner or assistant coroner for an area may resign office by giving notice in writing to the relevant authority for the area.

13

(1) The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove a senior coroner, area coroner or assistant coroner from office for incapacity or misbehaviour.

(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).

Discipline

14

Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (discipline) applies in relation to the offices of senior coroner, area coroner and assistant coroner as it would apply if those offices were listed in Schedule 14 to that Act.

Salary of senior and area coroners

15

(1) The senior coroner for an area is entitled to a salary.

(2) The amount of the salary is to be whatever is from time to time agreed by the senior coroner and the relevant authority for the area.

(3) If the senior coroner and the relevant authority cannot agree about an alteration in the amount of the salary—

(a) either of them may refer the matter to the Lord Chancellor;

(b) the Lord Chancellor may determine the amount of the salary and the date on which it is to become payable.

Any alteration in the amount of salary is to take effect in accordance with the Lord Chancellor's determination.

(4) In making a determination under sub-paragraph (3), the Lord Chancellor must have regard—

(a) to the nature and extent of the coroner's functions, and

(b) to all the circumstances of the case.

(5) The salary to which the senior coroner for an area is entitled under this paragraph is payable by the relevant authority for the area.

(6) This paragraph applies in relation to an area coroner for an area as it applies in relation to the senior coroner for an area (references to the senior coroner being read as references to an area coroner).

Fees payable to assistants

16

(1) An assistant coroner for an area is entitled to fees.

(2) The amount of the fees is to be whatever is agreed from time to time by the assistant coroner and the relevant authority for the area.

(3) The fees to which an assistant coroner for an area is entitled under this paragraph are payable by the relevant authority for the area.

Pensions for senior and area coroners

17

A relevant authority for a coroner area must make provision for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been senior coroners or area coroners for the area.

Prohibition on receipt of fees etc

18

Except as permitted by or under this or any other Act, a senior coroner, area coroner or assistant coroner may not accept any remuneration or fee in respect of anything done by that coroner in the performance of his or her functions.

Other terms of office

19

Subject to the preceding provisions of this Part, the senior coroner or an area coroner or assistant coroner for an area holds office on whatever terms are from time to time agreed by that coroner and the relevant authority for the area.

Schedule 4

Part 1 — Appointment, qualifications and terms of office of Coroner for Treasure

Appointment

1

The Lord Chancellor may appoint a person as the Coroner for Treasure.

Qualifications

2

To be eligible for appointment as the Coroner for Treasure, a person must—

(a) be under the age of 75, and

(b) satisfy the judicial-appointment eligibility condition on a 5-year basis.

Vacation or termination of office

3

The Coroner for Treasure must vacate office on reaching the age of 75.

4

The Coroner for Treasure may resign office by giving notice to the Lord Chancellor.

5

(1) The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove the Coroner for Treasure from office for incapacity or misbehaviour.

(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).

Remuneration, allowances and expenses

6

(1) The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.

(2) The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Coroner for Treasure in performing functions as such.

Part 2 — Designation and remuneration of Assistant Coroners for Treasure

Designation

7

The Chief Coroner may designate one or more assistant coroners to act as Assistant Coroners for Treasure.

8

A person who is designated under paragraph 7 to act as an Assistant Coroner for Treasure may act as such for so long as the designation continues to have effect.

9

A person's designation under that paragraph ceases to have effect—

(a) when the person ceases to be an assistant coroner;

(b) if earlier, when the designation is terminated by notice given—

(i) by the person to the Chief Coroner, or

(ii) by the Chief Coroner to the person.

Remuneration, allowances and expenses

10

(1) The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.

(2) The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Assistant Coroner for Treasure in performing functions as such.

Part 3 — Miscellaneous

Functions of Assistant Coroners for Treasure

11

(1) An Assistant Coroner for Treasure may perform any functions of the Coroner for Treasure—

(a) during a period when the Coroner for Treasure is absent or unavailable;

(b) during a vacancy in the office of Coroner for Treasure;

(2) Accordingly a reference in this Part of this Act to the Coroner for Treasure is to be read, where appropriate, as including an Assistant Coroner for Treasure.

Staff

12

(1) The Lord Chancellor may appoint staff to assist the Coroner for Treasure and any Assistant Coroners for Treasure in the performance of their functions.

(2) Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.

Schedule 5

Power to require evidence to be given or produced

1

(1) A senior coroner may by notice require a person to attend at a time and place stated in the notice and—

(a) to give evidence at an inquest,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to an inquest, or

(c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to an inquest.

(2) A senior coroner who is conducting an investigation under this Part may by notice require a person, within such period as the senior coroner thinks reasonable—

(a) to provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation, or

(c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation.

(3) A notice under sub-paragraph (1) or (2) must—

(a) explain the possible consequences, under paragraphs 6 and 7 of Schedule 6, of not complying with the notice;

(b) indicate what the recipient of the notice should do if he or she wishes to make a claim under sub-paragraph (4).

(4) A claim by a person that—

(a) he or she is unable to comply with a notice under this paragraph, or

(b) it is not reasonable in all the circumstances to require him or her to comply with such a notice,

is to be determined by the senior coroner, who may revoke or vary the notice on that ground.

(5) In deciding whether to revoke or vary a notice on the ground mentioned in sub-paragraph (4)(b), the senior coroner must consider the public interest in the information in question being obtained for the purposes of the inquest or investigation, having regard to the likely importance of the information.

(6) For the purposes of this paragraph a document or thing is under a person's control if it is in the person's possession or if he or she has a right to possession of it.

(7) The validity of a notice under sub-paragraph (1) or (2) is not limited to the coroner area for which the senior coroner issuing the notice is appointed.

(8) A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

2

(1) A person may not be required to give, produce or provide any evidence or document under paragraph 1 if—

(a) he or she could not be required to do so in civil proceedings in a court in England and Wales, or

(b) the requirement would be incompatible with an assimilated obligation.

(2) The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an investigation or inquest under this Part as they apply in relation to civil proceedings in a court in England and Wales.

Power of entry, search and seizure

3

(1) A senior coroner conducting an investigation under this Part, if authorised—

(a) by the Chief Coroner, or

(b) by another senior coroner nominated by the Chief Coroner to give authorisation,

may enter and search any land specified in the authorisation.

(2) An authorisation may be given only if—

(a) the senior coroner conducting the investigation has reason to suspect that there may be anything on the land which relates to a matter that is relevant to the investigation, and

(b) any of the conditions in sub-paragraph (3) are met.

(3) Those conditions are—

(a) that it is not practicable to communicate with a person entitled to grant permission to enter and search the land;

(b) that permission to enter and search the land has been refused;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless the senior coroner can secure immediate entry to the land on arrival.

(4) A senior coroner conducting an investigation under this Part who is lawfully on any land—

(a) may seize anything that is on the land;

(b) may inspect and take copies of any documents.

(5) A reference in this paragraph to land is not limited to land within the coroner area for which the senior coroner in question is appointed.

(6) A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

4

(1) The person by whom an authorisation under paragraph 3(1) is given must make a record—

(a) setting out the reasons for the suspicion referred to in paragraph 3(2)(a);

(b) specifying which of the conditions in paragraph 3(3) is met.

(2) Where the authorisation is given by a senior coroner nominated under paragraph 3(1)(b), that coroner must give the record made under this paragraph to the Chief Coroner.

(3) The Chief Coroner must retain a record made this paragraph until the Chief Coroner has given to the Lord Chancellor the report under section 36 for the calendar year in which the authorisation in question was given.

5

(1) A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—

(a) that its exercise may assist the investigation, and

(b) in the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.

(2) The power under paragraph 3(4)(b) includes power to require any information that is stored in an electronic form and is on, or accessible from, the land to be produced in a form—

(a) in which it can be taken away, and

(b) in which it is legible or from which it can readily be produced in a legible form.

(3) A power under paragraph 3(4) does not apply to any item that the person by whom the power is exercisable has reasonable grounds for believing to be subject to legal privilege.

(4) Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.

(5) A person on whom a power is conferred by virtue of paragraph 3 may use reasonable force, if necessary, in the exercise of the power.

(6) In this paragraph “subject to legal privilege”, in relation to an item, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984 (c. 60).

Exhumation of body for examination

6

(1) A senior coroner may order the exhumation of a person's body if sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if—

(a) the body is buried in England and Wales (whether or not within the coroner area for which the coroner is appointed), and

(b) the coroner thinks it necessary for the body to be examined under section 14.

(3) This sub-paragraph applies if—

(a) the body is buried within the coroner area for which the coroner is appointed, and

(b) the coroner thinks it necessary for the body to be examined for the purpose of any criminal proceedings that have been instituted or are contemplated in respect of—

(i) the death of the person whose body it is, or

(ii) the death of another person who died in circumstances connected with the death of that person.

(4) In sub-paragraph (3) “criminal proceedings” includes proceedings in respect of an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)).

Action to prevent other deaths

7

(1) Where—

(a) a senior coroner has been conducting an investigation under this Part into a person's death,

(b) anything revealed by the investigation gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future, and

(c) in the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances,

the coroner must report the matter to a person who the coroner believes may have power to take such action.

(2) A person to whom a senior coroner makes a report under this paragraph must give the senior coroner a written response to it.

(3) A copy of a report under this paragraph, and of the response to it, must be sent to the Chief Coroner.

Schedule 6

Part 1 — Offences relating to jurors

1

(1) It is an offence for a person to serve on a jury at an inquest if the person—

(a) is disqualified from jury service (by reason of being a person listed in Part 2 of Schedule 1 to the Juries Act 1974 (c. 23)), and

(b) knows that he or she is disqualified from jury service.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

(1) It is an offence for a person—

(a) to refuse without reasonable excuse to answer any question put under section 8(5),

(b) to give an answer to such a question knowing the answer to be false in a material particular, or

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

(1) It is an offence for a person who is duly summoned as a juror at an inquest—

(a) to make any false representation, or

(b) to cause or permit to be made any false representation on his or her behalf,

with the intention of evading service as a juror at an inquest.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

(1) It is an offence for a person to make or cause to be made, on behalf of a person who has been duly summoned as a juror at an inquest, any false representation with the intention of enabling the other person to evade service as a juror at an inquest.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

(1) A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person duly summoned as a juror at an inquest who—

(a) fails without reasonable excuse to attend in accordance with the summons, or

(b) attends in accordance with the summons but refuses without reasonable excuse to serve as a juror.

(2) But a fine may not be imposed under this paragraph unless the summons was duly served on the person in question not later than 14 days before the day on which he or she was required to attend.

Part 2 — Offences relating to witnesses and evidence

6

A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under paragraph 1 of Schedule 5.

7

(1) It is an offence for a person to do anything that is intended to have the effect of—

(a) distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation under this Part of this Act, or

(b) preventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation,

or to do anything that the person knows or believes is likely to have that effect.

(2) It is an offence for a person—

(a) intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or

(b) intentionally to alter or destroy such a document.

(3) For the purposes of sub-paragraph (2) a document is a “relevant document” if it is likely that a person conducting an investigation under this Part of this Act would (if aware of its existence) wish to be provided with it.

(4) A person does not commit an offence under sub-paragraph (1) or (2) by doing anything that is authorised or required—

(a) by a senior coroner or the Coroner for Treasure, or

(b) by virtue of paragraph 2 of Schedule 5 or any privilege that applies.

(5) Proceedings for an offence under sub-paragraph (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions.

(6) A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.

8

(1) It is an offence for a person, in giving unsworn evidence at an inquest by virtue of section 45(2)(a), to give false evidence in such circumstances that, had the evidence been given on oath, he or she would have been guilty of perjury.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding £1000, or to imprisonment for a term not exceeding 51 weeks, or to both.

(3) In relation to a person under the age of 14, sub-paragraph (2) has effect as if for the words following “summary conviction” there were substituted “ to a fine not exceeding £250 ”.

(4) For the purposes of sub-paragraph (3), a person's age is to be taken to be that which it appears to the court to be after considering any available evidence.

Part 3 — Miscellaneous

9

(1) The powers of a senior coroner or the Coroner for Treasure under paragraph 5 or 6 are additional to, and do not affect, any other power the coroner may have—

(a) to compel a person to appear before him or her;

(b) to compel a person to give evidence or produce any document or other thing;

(c) to punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing.

(2) But a person may not be fined under paragraph 5 or 6 and also be punished under any such other power.

10

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), a reference in this Schedule to 51 weeks is to be read as a reference to 6 months.

Schedule 7

Part 1 — Allowances payable to jurors

1

A person who serves as a juror at an inquest is entitled, in respect of attending the inquest, to receive payments by way of allowance—

(a) for travelling and subsistence;

(b) for financial loss.

This is subject to any conditions prescribed by regulations.

2

But a person is entitled to receive payments by way of allowance for financial loss only if, in consequence of attending the inquest, the person has—

(a) incurred expenses (other than on travelling and subsistence) that he or she would otherwise not have incurred,

(b) suffered a loss of earnings that he or she would otherwise not have suffered, or

(c) suffered a loss of benefit under the enactments relating to social security that he or she would otherwise not have suffered.

3

Regulations may prescribe the rates of any allowances payable under paragraph 1.

4

The amount due to a person under paragraph 1 is to be calculated by the senior coroner and paid by (or on behalf of) the senior coroner or, where appropriate, the Coroner for Treasure.

Part 2 — Allowances payable to witnesses

5

(1) Regulations may prescribe the allowances that may be paid by (or on behalf of) senior coroners or the Coroner for Treasure—

(a) to witnesses;

(b) to persons who produce documents or things by virtue of paragraph 1(1) or (2) of Schedule 5;

(2) In this paragraph “witness” means a person properly attending before a senior coroner to give evidence at an inquest or in connection with the possibility of doing so (whether or not the person actually gives evidence), but does not include—

(a) a police officer, member of a police force or member of the tri-service serious crime unit, attending in his or her capacity as such;

(b) a full-time officer of an institution to which the Prison Act 1952 (c. 52) applies in his or her capacity as such;

Part 3 — Miscellaneous fees, allowances and expenses

6

Regulations may prescribe the fees and allowances that may be paid by (or on behalf of) senior coroners to persons who make examinations under section 14.

7

(1) A relevant authority for a coroner area may issue a schedule of the fees, allowances and expenses that may be lawfully paid or incurred by the senior coroner for the area in the performance of the coroner's functions.

(2) The power under sub-paragraph (1) includes power to amend or revoke any schedule issued.

(3) In exercising the power under sub-paragraph (1) a relevant authority must have regard to any guidance from time to time issued by the Lord Chancellor.

(4) A copy of any schedule that is issued or amended must be given to the senior coroner.

(5) The reference in sub-paragraph (1) to fees and allowances does not include fees or allowances within any of the preceding paragraphs of this Schedule.

8

Regulations may prescribe the fees payable to coroners for supplying copies of documents in their custody relating to investigations or inquests under this Part of this Act that they are conducting or have conducted.

Part 4 — Meeting or reimbursing expenses

9

(1) Regulations may make provision for or in connection with meeting or reimbursing—

(a) expenses incurred by senior coroners (including expenses incurred under or by virtue of paragraph 4, 5 or 6);

(b) expenses incurred by area coroners and assistant coroners;

(c) expenses incurred by virtue of Schedule 10 in the conduct of an investigation by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.

(2) The regulations may make provision—

(a) for accounts or evidence relating to expenses to be provided to relevant authorities;

(b) for or in connection with the meeting or reimbursement by relevant authorities of expenses of a description specified in the regulations;

This sub-paragraph is not to be read as limiting the power in sub-paragraph (1).

(3) A reference in this paragraph to meeting or reimbursing expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—

(a) costs that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part of this Act;

(b) costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;

(d) sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.

Part 5 — Supplemental

10

For the purposes of paragraph 1, a person who attends for service as a juror in accordance with a summons is to be treated as serving as a juror even if he or she is not sworn.

11

(1) The power to make regulations under this Schedule is exercisable by the Lord Chancellor.

(2) Regulations under this Schedule 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 sub-paragraph by the Lord Chief Justice,

agrees to the making of the regulations.

Schedule 8

Appointment of Chief Coroner

1

(1) The Lord Chief Justice may appoint a person as the Chief Coroner.

(2) To be eligible for appointment as the Chief Coroner a person must be—

(a) a judge of the High Court or a Circuit judge, and

(b) under the age of 75.

(3) The Lord Chief Justice must consult the Lord Chancellor before making an appointment under this paragraph.

(4) The appointment of a person as the Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.

(5) In this paragraph “appointment” includes re-appointment.

Appointment of Deputy Chief Coroners

2

(1) The Lord Chief Justice may secure the appointment as Deputy Chief Coroners of however many persons the Lord Chief Justice thinks appropriate.

(2) To be eligible for appointment as a Deputy Chief Coroner a person must be—

(a) a judge of the High Court, a Circuit judge, the Coroner for Treasure or a senior coroner, and

(b) under the age of 75.

(3) The Lord Chief Justice must consult the Lord Chancellor as to—

(a) the appropriate number of persons to be appointed as Deputy Chief Coroners;

(b) how many of them are to be persons eligible for appointment by virtue of being judges and how many are to be persons eligible for appointment by virtue of being senior coroners or the Coroner for Treasure.

(4) The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a judge of the High Court or a Circuit judge, by the Lord Chief Justice after consulting the Lord Chancellor.

(5) The appointment by the Lord Chief Justice of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.

(6) The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a senior coroner or the Coroner for Treasure, by the Lord Chancellor at the invitation of the Lord Chief Justice.

(7) The appointment by the Lord Chancellor of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chancellor after consulting the Lord Chief Justice.

(8) In this paragraph “appointment” includes re-appointment.

Resignation or removal

3

(1) The Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, may resign from office by giving notice in writing to the Lord Chief Justice.

(2) But the resignation does not take effect unless and until it is accepted by the Lord Chief Justice, who must consult the Lord Chancellor before accepting it.

(3) A Deputy Chief Coroner appointed by the Lord Chancellor may resign from office by giving notice in writing to the Lord Chancellor.

(4) But the resignation does not take effect unless and until it is accepted by the Lord Chancellor, who must consult the Lord Chief Justice before accepting it.

4

(1) The Lord Chief Justice may, after consulting the Lord Chancellor, remove the Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, from office for incapacity or misbehaviour.

(2) The Lord Chancellor may, after consulting the Lord Chief Justice, remove a Deputy Chief Coroner appointed by the Lord Chancellor from office for incapacity or misbehaviour.

Remuneration, allowances and expenses

5

The Lord Chancellor may pay to the Chief Coroner—

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b) amounts determined by the Lord Chancellor towards expenses incurred by the Chief Coroner in performing functions as such.

6

The Lord Chancellor may pay to a Deputy Chief Coroner—

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Coroners and Justice Act 2009

Data-sharing code of practice

174

Further amendments of the Data Protection Act 1998 (c. 29)

175

Part 9 — General

Orders, regulations and rules

176

Consequential etc amendments and transitional and saving provisions

177

Repeals

178

Financial provision

179

Effect of amendments to provisions applied for purposes of service law

180

Extent

181

Commencement

182

Short title

183

Schedule 1

Part 1 — Suspension of investigations

Suspension where certain criminal charges may be brought

1

Suspension where certain criminal proceedings are brought

2

Suspension pending inquiry under Inquiries Act 2005

3

4

General power to suspend

5

Effect of suspension

6

Part 2 — Resumption of investigations

Resumption of investigation suspended under paragraph 1

7

Resumption of investigation suspended under paragraph 2

8

Resumption of investigation suspended under paragraph 3

9

Resumption of investigation suspended under paragraph 5

10

Supplemental

11

Schedule 2

Coroner areas

1

Alteration of coroner areas

2

Relevant authorities

3

Effect of body being outside coroner area etc

4

Schedule 3

Part 1 — Appointment of senior, area and assistant coroners

Appointment of senior coroners

1

Appointment of area and assistant coroners

2

Part 2 — Qualifications of senior, area and assistant coroners

3

4

Part 3 — Vacancies; functions of area and assistant coroners

Filling of vacancies

5

6

Person to act as senior coroner in case of vacancy

7

Functions of area and assistant coroners

8

Part 4 — Terms of office of senior, area and assistant coroners

Status of office

9

Vacation or termination of office

10

11

12

13