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The New Coroners Bill:The New Coroners Bill:An OverviewAn Overview

Owain Thomas

1 Crown Office Row

21 September 2006

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SummarySummary

Five Key Reforms

• Rights for the bereaved

• Leadership of the Chief Coroner

• New powers of investigation

• Reporting Restrictions

• Chief Medical Adviser

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Three key policiesThree key policies

• An improved service for bereaved people “and others”

• National leadership for a local system

• More effective investigations

• Political context: Shipman and Organ Retention

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Practical EffectsPractical Effects

• Abolition of Coroners Act 1988

• Fewer Coroners –60-65 full time

• New areas determined by Lord Chancellor

• All new Coroners legally qualified

• New categories: Chief, Senior, Area and Assistant Coroners

• Coronial Advisory Council

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The structure of the BillThe structure of the Bill

• Part I- Investigation into deaths

• Part II - Investigation into treasure

• Part III- Further provision in relation to investigations and deaths

• Part IV-Governance

• Part V- Supplementary

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Part I Investigations into DeathPart I Investigations into Death

• Duty to investigate deaths (cl.1)

• No requirement for “sudden” death of unknown cause

• Deaths more than 50 years ago (cl.3)

• Deaths outside the UK (cl. 5 and 6)

• Asking/Telling another Coroner to investigate (cl.7and 8)

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Statutory PurposeStatutory Purpose

• Who, when, where and by what means (cl.10)

• Middleton inquests: “in what circumstances” (cl.10(2))

• Duty to hold an inquest (cl.11)

• Outcome: a determination and a finding (cl.12)

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MiddletonMiddleton

• In what circumstances do you have investigate “in what circumstances” the death occurred?

• Article 2- the protection of life

• Article 2- the duty to investigate death

• R(ota) Takoushis –v- HM Coroner for North London [2005] EWCA Civ 1440

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JuriesJuries

• New provisions in cl. 13

• Fewer mandatory jury inquests

• Discretion in other cases to be supplemented by new rules

• Number of jurors not less than 5 and not more than 7

• Majority verdict for “at least 4”

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New PowersNew Powers

• Post mortems (cl.26)

• Entry, search and seizure (cl.50-51)

• Reporting Restrictions (cl. 30 and 41)

• Retention of Human Remains (cl.53)

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The Chief CoronerThe Chief Coroner

• Role

• Appeals (cl. 60)

• appeals to the Court of Appeal (cl.61)