Speech of Alexandra Iatsenko for Side-Event
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Coroners shall be appointed for each coroner’s district in a metropolitan county or Greater London, for each non-metropolitan county and for the City and shall be so appointed by the relevant council, that is to say—
in the case of a coroner’s district consisting of or included in a metropolitan district or London borough, the council of that district or borough;
in the case of a coroner’s district consisting of two or more metropolitan districts or London boroughs, such one of the councils of those districts or boroughs as may be designated by an order made by the Secretary of State by statutory instrument;
in the case of a non-metropolitan county, the council of that county; and
in the case of the City, the Common Council.
A relevant council falling within paragraph (a) or (b) of subsection (1) above shall not appoint a coroner except with the approval of the Secretary of State; and a relevant council falling within paragraph (b) of that subsection shall not appoint a coroner except after consultation with the other council or councils in question.
Subject to subsection (2) above, where a vacancy occurs in the office of coroner, the relevant council shall—
immediately give notice of the vacancy to the Secretary of State;
within three months of the vacancy occurring or within such further period as the Secretary of State may allow, appoint a person to that office; and
immediately after making the appointment, give notice of the appointment to the Secretary of State.
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No person shall be qualified to be appointed as coroner unless he is a barrister, solicitor or legally qualified medical practitioner of not less than five years' standing in his profession.
A person shall, so long as he is a councillor of a metropolitan district or London borough, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner’s district which consists of, includes or is included in that metropolitan district or London borough.
A person shall, so long as he is an alderman or a councillor of a non-metropolitan county, and for six months after he ceases to be one, be disqualified for being a coroner for that county.
A person shall, so long as he is an alderman of the City or a common councillor, and for six months after he ceases to be one, be disqualified for being a coroner for the City.
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The provisions of Schedule 1 to this Act shall have effect with respect to the payment of salaries and the grant of pensions to coroners.
Except as authorised by this or any other Act, a coroner shall not take any fee or remuneration in respect of anything done by him in the execution of his office.
A coroner may resign his office by giving notice in writing to the relevant council, but the resignation shall not take effect unless and until it is accepted by that council.
The Lord Chancellor may, if he thinks fit, remove any coroner from office for inability or misbehaviour in the discharge of his duty.
A coroner who is guilty of corruption, wilful neglect of his duty or misbehaviour in the discharge of his duty shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
Where a coroner is convicted of an offence under subsection (5) above, the court may, unless his office as coroner is annexed to any other office, order that he be removed from office and be disqualified for acting as coroner.
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The Secretary of State may by order divide, amalgamate or otherwise alter the coroners' districts for the time being existing in a metropolitan county or Greater London; and before making any such order, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate.
The council of a non-metropolitan county may, and shall if directed to do so by the Secretary of State, after complying with such requirements as to notice and consideration of objections as may be prescribed, submit to the Secretary of State a draft order providing— and the Secretary of State, after taking into consideration any objections to the draft made in the prescribed manner and within the prescribed time, may make the order, either in the terms of the draft submitted to him or with such modifications as he thinks fit.
for such alteration of any existing division of the county into coroners' districts as appears to them suitable; or
where there is no such division, for the division of the county into such coroners' districts as they think expedient;
If by reason of any order under subsection (2) above it is in the opinion of the Secretary of State necessary that the number of coroners for a non-metropolitan county should be increased,
the council shall appoint such number of additional coroners for that county as the Secretary of State may direct; and
section 1(3) above shall apply with respect to any such appointment as if a vacancy had occurred in the office of coroner for that county.
Where a non-metropolitan county is divided into coroners' districts, each of the coroners for that county shall be assigned to one of those districts; and where a non-metropolitan county is not so divided, the following provisions of this Act shall have effect as if the whole of that county were a coroner’s district.
Except as provided by this Act, a coroner appointed for or assigned to a coroner’s district—
shall for all purposes be regarded as a coroner for the whole administrative area which includes that district; and
shall have the same jurisdiction, rights, powers and authorities throughout that area as if he had been appointed as coroner for that area or, as the case may be, had not been assigned to that district.
The power to make orders under this section shall be exercisable by statutory instrument; and a statutory instrument containing an order under this section shall be laid before each House of Parliament after being made.
An order under subsection (2) above shall be published in the London Gazette and particulars of any order under that subsection shall be published by the council of the non-metropolitan county in such manner as may be prescribed.
In this section “prescribed” means prescribed by the Secretary of State either by general rules made by statutory instrument or by directions given as respects any particular occasion.
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A senior coroner appointed for any coroner area in Wales—
shall for all purposes be regarded as a senior coroner for the whole of Wales; and
shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as a senior coroner for the whole of Wales.
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Subject to subsection (3) and sections 7 and 13 to 15 below, an inquest into a death shall be held only by the coroner within whose district the body lies.
Subject to subsection (3) and section 13 below, a coroner shall hold inquests only within his district.
A coroner may act as coroner for another district in the same administrative area— and the inquisition returned in respect of an inquest held under this subsection shall certify the cause of the coroner’s holding the inquest and shall be conclusive evidence of any matter stated in it which falls within paragraph (a) or (b) above.
during the illness, incapacity or unavoidable absence of the coroner for that district; or
where there is a vacancy in the office of coroner for that district;
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Every coroner—
shall appoint as his deputy a person approved by the chairman of the relevant council; and
may appoint as his assistant deputy a person so approved.
A coroner may at any time revoke an appointment made under subsection (1) above; but a revocation of an appointment made under paragraph (a) of that subsection shall not take effect until the appointment of a successor to the deputy has been approved by the chairman of the relevant council.
The following, namely— shall be in writing under the hand of the coroner; and a copy of every such appointment or revocation shall be sent to the relevant council and be kept with the council’s records.
every appointment made under subsection (1) above; and
every revocation of an appointment made under paragraph (b) of that subsection,
Subsection (1) of section 2 above shall apply in relation to the office of deputy or assistant deputy coroner as it applies in relation to the office of coroner; and subsections (2) to (4) of that section shall apply in relation to, or to persons holding, the office of deputy coroner as they apply in relation to, or to persons holding, the office of coroner.
In this section “chairman”, in relation to the Common Council, means the Lord Mayor.
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A deputy coroner may act for his coroner in the following cases but no others, namely—
during the illness of the coroner;
during the coroner’s absence for any lawful or reasonable cause; or
at an inquest for the holding of which the coroner is disqualified.
Where a coroner vacates office, his deputy—
shall continue in office until a new deputy is appointed;
shall act as coroner while the office remains vacant; and
shall be entitled to receive in respect of the period of the vacancy the same remuneration as the vacating coroner.
An assistant deputy coroner—
may act as coroner where the deputy coroner would be entitled to act as coroner but is unable so to act owing to illness or absence for any reasonable cause; and
where the coroner vacates office, may act for the deputy coroner in like manner while the office of coroner is vacant.
In relation to an inquest or act which he is authorised to hold or to do, a deputy or assistant deputy to a coroner shall— as if he were the coroner.
have the same jurisdiction and powers;
be subject to the same obligations, liabilities and disqualifications; and
generally be subject to the provisions of this Act and the law relating to coroners in the same manner,
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Where a coroner is informed that the body of a person (“the deceased”) is lying within his district and there is reasonable cause to suspect that the deceased— then, whether the cause of death arose within his district or not, the coroner shall as soon as practicable hold an inquest into the death of the deceased either with or, subject to subsection (3) below, without a jury.
has died a violent or an unnatural death;
has died a sudden death of which the cause is unknown; or
has died in prison or in such a place or in such circumstances as to require an inquest under any other Act,
In the case of an inquest with a jury—
the coroner shall summon by warrant not less than seven nor more than eleven persons to appear before him at a specified time and place, there to inquire as jurors into the death of the deceased; and
when not less than seven jurors are assembled, they shall be sworn by or before the coroner diligently to inquire into the death of the deceased and to give a true verdict according to the evidence.
If it appears to a coroner, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, that there is reason to suspect— he shall proceed to summon a jury in the manner required by subsection (2) above.
that the death occured in prison or in such a place or in such circumstances as to require an inquest under any other Act;
that the death occurred while the deceased was in police custody, or resulted from an injury caused by a police officer in the purported execution of his duty;
that the death was caused by an accident, poisoning or disease notice of which is required to be given under any Act to a government department, to any inspector or other officer of a government department or to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974; or
that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public or any section of the public,
If it appears to a coroner, either before he proceeds to hold an inquest or in the course of an inquest begun without a jury, that there is any reason for summoning a jury, he may proceed to summon a jury in the manner required by subsection (2) above.
In the case of an inquest or any part of an inquest held without a jury, anything done by or before the coroner alone shall be as validly done as if it had been done by or before the coroner and a jury.
Where an inquest is held into the death of a prisoner who dies within a prison, neither a prisoner in the prison nor any person engaged in any sort of trade or dealing with the prison shall serve as a juror at the inquest.
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A person shall not be qualified to serve as a juror at an inquest held by a coroner unless he is for the time being qualified to serve as a juror in the Crown Court, the High Court and county courts in accordance with section 1 of the Juries Act 1974.
If a person serves on a jury knowing that he is ineligible for such service under Group A, B or C in Part I of Schedule 1 to that Act, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If a person serves on a jury knowing that he is disqualified for such service under Part II of that Schedule, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The appropriate officer may at any time put or cause to be put to any person who is summoned under section 8 above such questions as he thinks fit in order to establish whether or not the person is qualified to serve as a juror at an inquest.
Where a question is put to any person under subsection (4) above, if that person— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
refuses without reasonable excuse to answer;
gives an answer which he knows to be false in a material particular; or
recklessly gives an answer which is false in a material particular,
If any person— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
duly summoned as a juror at an inquest makes, or causes or permits to be made on his behalf, any false representation to the coroner or the appropriate officer with the intention of evading service as such juror; or
makes or causes to be made on behalf of another person who has been so summoned any false representation to the coroner or the appropriate officer with the intention of enabling that other person to evade such service,
A coroner may authorise a person to perform the functions conferred on the appropriate officer by subsection (4) above and references in this section to the appropriate officer shall be construed as references to the person so authorised.
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Where a person duly summoned as a juror at an inquest— the coroner may impose on that person a fine not exceeding £400.
does not, after being openly called three times, appear to the summons; or
appears to the summons but refuses without reasonable excuse to serve as a juror,
Where a person duly summoned to give evidence at an inquest— the coroner may impose on that person a fine not exceeding £400.
does not, after being openly called three times, appear to the summons; or
appears to the summons but refuses without lawful excuse to answer a question put to him,
The powers conferred upon a coroner by this section shall be in addition to and not in derogation of any other power which the coroner may possess— but a person shall not be fined by the coroner under this section and also be punished under any such other power.
for compelling any person to appear and give evidence before him in any inquest or other proceeding; or
for punishing any person for contempt of court in not so appearing and giving evidence;
Notwithstanding anything in the foregoing provisions of this section, a juror shall not be liable to any penalty for non-attendance on a coroner’s jury unless the summons requiring him to attend was duly served on him no later than six days before the day on which he was required to attend.
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It shall not be obligatory for a coroner holding an inquest into a death to view the body; and the validity of such an inquest shall not be questioned in any court on the ground that the coroner did not view the body.
The coroner shall, at the first sitting of the inquest, examine on oath concerning the death all persons who tender evidence as to the facts of the death and all persons having knowledge of those facts whom he considers it expedient to examine.
In the case of an inquest held with a jury, the jury shall, after hearing the evidence—
give their verdict and certify it by an inquisition; and
inquire of and find the particulars for the time being required by the Births and Deaths Registration Act 1953 (in this Act referred to as “the 1953 Act”) to be registered concerning the death.
In the case of an inquest held without a jury, the coroner shall, after hearing the evidence—
give his verdict and certify it by an inquisition; and
inquire of and find the particulars for the time being required by the 1953 Act to be registered concerning the death.
An inquisition—
shall be in writing under the hand of the coroner and, in the case of an inquest held with a jury, under the hands of the jurors who concur in the verdict;
shall set out, so far as such particulars have been proved—
who the deceased was; and
how, when and where the deceased came by his death; and
shall be in such form as the Lord Chancellor may by rules made by statutory instrument from time to time prescribe.
At a coroner’s inquest into the death of a person who came by his death by murder, manslaughter or infanticide, the purpose of the proceedings shall not include the finding of any person guilty of the murder, manslaughter or infanticide; and accordingly a coroner’s inquisition shall in no case charge a person with any of those offences.
Where an inquest into a death is held, the coroner shall, within five days after the finding of the inquest is given, send to the registrar of deaths a certificate under his hand—
giving information concerning the death;
specifying the finding with respect to the particulars which under the 1953 Act are required to be registered concerning the death and with respect to the cause of death; and
specifying the time and place at which the inquest was held.
In the case of an inquest into the death of a person who is proved— the coroner shall within seven days after holding the inquest, make a return of the death, including the cause of death, to the Secretary of State in such form as he may require; and in this subsection “railway” has the same meaning as in the Railway Regulation Act 1842.
to have been killed on a railway; or
to have died in consequence of injuries received on a railway,
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This section applies where, in the case of an inquest held with a jury, the jury fails to agree on a verdict.
If the minority consists of not more than two, the coroner may accept the verdict of the majority, and the majority shall, in that case, certify the verdict under section 11(3) above.
In any other case of disagreement the coroner may discharge the jury and issue a warrant for summoning another jury and, in that case, the inquest shall proceed in all respects as if the proceedings which terminated in the disagreement had not taken place.
This section applies where, on an application by or under the authority of the Attorney-General, the High Court is satisfied as respects a coroner (“the coroner concerned”) either—
that he refuses or neglects to hold an inquest or an investigation which ought to be held; or
where an inquest or an investigation has been held by him, that (whether by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, the discovery of new facts or evidence or otherwise) it is necessary or desirable in the interests of justice that an investigation (or as the case may by, another investigation) should be held.
The High Court may—
order an investigation under Part 1 of the Coroners and Justice Act 2009 to be held into the death either—
by the coroner concerned; or
by a senior coroner, area coroner or assistant coroner in the same coroner area;
order the coroner concerned to pay such costs of and incidental to the application as to the court may appear just; and
where an inquest has been held, quash any inquisition on, or determination or finding made at that inquest.
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For the purposes of this section, “coroner” means a coroner appointed under section 1 of this Act, or a senior coroner, area coroner or assistant coroner appointed under the Coroners and Justice Act 2009.
This section does not apply in relation to a death that resulted directly from the Troubles (which has the same meaning as in Schedule 1A to the Coroners and Justice Act 2009 — see paragraph 4 of that Schedule).
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If it appears to a coroner that, in the case of a body lying within his district, an inquest ought to be held into the death but it is expedient that the inquest should be held by some other coroner, he may request that coroner to assume jurisdiction to hold the inquest; and if that coroner agrees he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest.
If the coroner who has been requested to assume jurisdiction declines to assume it, the coroner who has made the request may apply to the Secretary of State for a direction designating the coroner who is to hold the inquest.
On the making of an application under subsection (2) above, the Secretary of State— and where a direction is given under this subsection directing a coroner to assume jurisdiction, he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest and shall hold it accordingly.
shall determine by which coroner (whether one of the two mentioned in that subsection or another) the inquest should in all the circumstances be held; and
shall direct him to assume jurisdiction or, as the case may be, to exercise his jurisdiction to hold the inquest;
Where jurisdiction to hold an inquest is assumed under this section, it shall not be necessary to remove the body into the district of the coroner who is to hold the inquest.
Any request made or agreement given, any application for a direction and any direction under any of the foregoing provisions of this section shall be made or given in writing.
Notice of the making of an application under subsection (2) above shall be given to the coroner who declined to assume jurisdiction and notice of the direction given pursuant to such an application shall be given—
in a case where the direction is given to the coroner who made the application or the coroner who had notice of it, to the other coroner; and
in a case where the direction is given to some other coroner, to the coroner who made the application and to the coroner who had notice of it.
On the assumption by a coroner of jurisdiction to hold an inquest under this section, the coroner—
shall also assume, in relation to the body and the inquest, all the powers and duties which would belong to him if the body were lying within his district (including the power to order its exhumation under section 23 below); and
may exercise those powers notwithstanding that the body remains outside his district or, having been removed into it, is removed out of it by virtue of any order of his for its examination or burial.
On the assumption of the powers and duties referred to in subsection (7) above by the coroner who assumes jurisdiction to hold the inquest, the coroner within whose district the body is lying shall cease to have any powers or duties in relation to the body or the inquest, notwithstanding that the body remains within his district or comes to be buried there.
It shall be for the coroner who assumes, and not for the coroner who ceases to have, jurisdiction to hold an inquest under this section to pay any fees or other expenses incurred in the course of his duties by the latter coroner before he ceased to have jurisdiction; and any such fees or other expenses shall be accounted for and repaid accordingly.
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Where a coroner has reason to believe— he may report the facts to the Secretary of State.
that a death has occurred in or near his district in such circumstances that an inquest ought to be held; and
that owing to the destruction of the body by fire or otherwise, or to the fact that the body is lying in a place from which it cannot be recovered, an inquest cannot be held except in pursuance of this section,
Where a report is made under subsection (1) above, the Secretary of State may, if he considers it desirable to do so, direct a coroner (whether the coroner making the report or another) to hold an inquest into the death.
Where a coroner is directed under this section to hold an inquest, the provisions of this Act and the law relating to coroners and coroners' inquests shall apply with such modifications as may be necessary in consequence of the inquest being one into the death of a person whose body does not lie within the coroner’s district.
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If on an inquest into a death the coroner before the conclusion of the inquest— then, subject to subsection (2) below, the coroner shall, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the relevant criminal proceedings and, if a jury has been summoned, may, if he thinks fit, discharge them.
is informed by the clerk of a magistrates' court under section 17(1) below that some person has been charged before a magistrates' court with—
the murder, manslaughter or infanticide of the deceased;
an offence under section 1 of the Road Traffic Act 1972 (reckless driving) committed by causing the death of the deceased; or
an offence under section 2(1) of the Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of the deceased; or
is informed by the Director of Public Prosecutions that some person has been charged before examining justices with an offence (whether or not involving the death of a person other than the deceased) alleged to have been committed in circumstances connected with the death of the deceased, not being an offence within paragraph (a) above, and is requested by the Director to adjourn the inquest,
The coroner—
need not adjourn the inquest in a case within subsection (1)(a) above if, before he has done so, the Director of Public Prosecutions notifies him that adjournment is unnecessary; and
may in any case resume the adjourned inquest before the conclusion of the relevant criminal proceedings if notified by the Director that it is open to him to do so.
After the conclusion of the relevant criminal proceedings, or on being notified under paragraph (b) of subsection (2) above before their conclusion, the coroner may, subject to the following provisions of this section, resume the adjourned inquest if in his opinion there is sufficient cause to do so.
Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall send to the registrar of deaths a certificate under his hand stating, so far as they have been ascertained at the date of the certificate, the particulars which under the 1953 Act are required to be registered concerning the death.
Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (4) above) send to the registrar of deaths a certificate under his hand stating the result of the relevant criminal proceedings.
Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above and for that purpose summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment)—
he shall proceed in all respects as if the inquest had not previously been begun; and
subject to subsection (7) below, the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest.
Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—
the finding of the inquest as to the cause of death must not be inconsistent with the outcome of the relevant criminal proceedings;
the coroner shall supply to the registrar of deaths after the termination of the inquest a certificate under his hand stating the result of the relevant criminal proceedings; and
the provisions of section 11(7) above shall not apply in relation to that inquest.
In this section “the relevant criminal proceedings” means the proceedings before examining justices and before any court to which the person charged is committed for trial.
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Where a person is charged before a magistrates' court with— the clerk of the court shall inform the coroner who is responsible for holding an inquest into the death of the making of the charge and of the result of the proceedings before that court.
murder, manslaughter or infanticide;
an offence under section 1 of the Road Traffic Act 1972 (causing death by reckless driving); or
an offence under section 2(1) of the Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another,
Where a person charged with— is committed for trial to the Crown Court, the appropriate officer of the Crown Court at the place where the person charged is tried shall inform the coroner of the result of the proceedings before that court.
murder, manslaughter or infanticide;
an offence under section 1 of the Road Traffic Act 1972 (causing death by reckless driving); or
an offence under section 2(1) of the Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another,
Where the Director of Public Prosecutions has under section 16(1)(b) above requested a coroner to adjourn an inquest, then, whether or not the inquest is adjourned as a result, the Director shall—
inform the coroner of the result of the proceedings before the magistrates' court in the case of the person charged as mentioned in that paragraph; and
if that person is committed for trial to the Crown Court, inform the coroner of the result of the proceedings before that court.
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Where an accident occurs within Greater London or the City resulting in the death of a person, and it is alleged that the accident was due to— the coroner holding the inquest into the death shall send to the Secretary of State, or to such officer of his as the Secretary of State may direct, notice in writing of the time and place of holding the inquest, and of any adjourned inquest.
the nature or character of a road or road surface; or
a defect in the design or construction of a vehicle or in the materials used in the construction of a road or vehicle,
An officer appointed by the Secretary of State for the purpose shall be at liberty at any such inquest to examine any witness, subject nevertheless to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question.
In this section “road” has the same meaning as in section 27 of the Road Traffic Act 1972.
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Where a coroner is informed that the body of a person is lying within his district and there is reasonable cause to suspect that the person has died a sudden death of which the cause is unknown, the coroner may, if he is of opinion that a post-mortem examination may prove an inquest to be unnecessary— to make a post-mortem examination of the body and to report the result of the examination to the coroner in writing.
direct any legally qualified medical practitioner whom, if an inquest were held, he would be entitled to summon as a medical witness under section 21 below; or
request any other legally qualified medical practitioner,
For the purposes of a post-mortem examination under this section, the coroner and any person directed or requested by him to make the examination shall have the like powers, authorities and immunities as if the examination were a post-mortem examination directed by the coroner at an inquest into the death of the deceased.
Where a post-mortem examination is made under this section and the coroner is satisfied as a result of it that an inquest is unnecessary, he shall send to the registrar of deaths a certificate under his hand stating the cause of death as disclosed by the report of the person making the examination.
Nothing in this section shall be construed as authorising the coroner to dispense with an inquest in any case where there is reasonable cause to suspect that the deceased—
has died a violent or an unnatural death; or
has died in prison or in such a place or in such circumstances as to require an inquest under any other Act.
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Without prejudice to the power of a coroner holding an inquest to direct a medical witness whom he may summon under section 21 below to make a post-mortem examination of the body of the deceased, the coroner may, at any time after he has decided to hold an inquest—
request any legally qualified medical practitioner to make a post-mortem examination of the body or a special examination of the body or both such examinations; or
request any person whom he considers to possess special qualifications for conducting a special examination of the body to make such an examination.
If any person who has made a post-mortem or special examination in pursuance of such a request is summoned by the coroner as a witness, he may be asked to give evidence as to his opinion upon any matter arising out of the examination, and as to how, in his opinion, the deceased came by his death.
Where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person—
shall not be allowed to perform or assist at any post-mortem or special examination made for the purposes of the inquest into the death; but
shall have the right, if he so desires, to be represented at any such post-mortem examination.
In this section “special examination”, in relation to a body, means a special examination by way of analysis, test or otherwise of such parts or contents of the body or such other substances or things as ought in the opinion of the coroner to be submitted to analyses, tests or other examination with a view to ascertaining how the deceased came by his death.
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In the case of an inquest into a death, the coroner may summon as a witness— and any medical witness summoned under this section may be asked to give evidence as to how, in his opinion, the deceased came by his death.
any legally qualified medical practitioner appearing to him to have attended at the death of the deceased or during the last illness of the deceased; or
where it appears to him that no such practitioner so attended the deceased, any legally qualified medical practitioner in actual practice in or near the place where the death occurred;
Subject to subsection (3) below, the coroner may, either in his summons for the attendance of a medical witness or at any time between the issuing of that summons and the end of the inquest, direct the medical witness to make a post-mortem examination of the body of the deceased.
Where a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person shall not be allowed to perform or assist at the post-mortem examination of the deceased.
If, in the case of an inquest with a jury, a majority of the jury are of opinion that the cause of death has not been satisfactorily explained by the evidence of the medical practitioner or of other witnesses brought before them, they may in writing require the coroner— and if the coroner fails to comply with such a requisition, he shall be liable on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or to both.
to summon as a witness some other legally qualified medical practitioner named by them; and
to direct a post-mortem examination of the deceased to be made by a practitioner summoned under this subsection, whether or not such an examination has been previously made;
Where a medical practitioner fails to obey a summons of a coroner issued in pursuance of this section, he shall, unless he shows a good and sufficient cause for not having obeyed the summons, be liable on summary conviction, on the prosecution of the coroner or of any two of the jury, to a fine not exceeding £400.
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Subject to subsection (2) below, where by the direction or at the request of a coroner, a post-mortem examination of a body is to be made, the coroner may order the removal of the body to any place which may be provided for the purpose either within his district or within an adjoining district of another coroner.
A coroner shall not order the removal of a body upon which a post-mortem examination is to be made to any place other than a place within his district provided by a local authority except with the consent of the person or authority by whom the place is provided.
The removal of a body in pursuance of an order made by a coroner under this section to any place outside his district shall not affect his powers and duties in relation to the body or the inquest into the death nor shall it confer or impose any rights, powers or duties upon any other coroner.
Where a coroner— he shall order the removal of the body after examination to a place within his district.
orders under this section the removal of a body to any place outside his district; and
does not authorise the disposal of the body after examination,
The expenses of any removal ordered by a coroner under this section shall be defrayed as part of the expenses incurred by him in the course of his duties.
In this section—
“disposal” has the same meaning as in the 1953 Act;
“local authority” means the council of a district or London borough or the Common Council.
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A coroner may order the exhumation of the body of a person buried within his district where it appears to him that it is necessary for the body to be examined—
for the purpose of his holding an inquest into that person’s death or discharging any other function of his in relation to the body or the death; or
for the purposes of any criminal proceedings which have been instituted or are contemplated in respect of the death of that person or of some other person who came by his death in circumstances connected with the death of the person whose body is needed for examination.
The power of a coroner under this section shall be exercisable by warrant under his hand.
No body shall be ordered by a coroner to be exhumed except under this section.
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The fees and allowances which may be lawfully paid by coroners— shall be such as may be determined by the Secretary of State with the consent of the Treasury; but nothing in this subsection shall apply in relation to the fees payable in respect of a special examination under section 20 above.
to witnesses and persons summoned to attend as witnesses; and
to medical practitioners making post-mortem examinations by the coroner’s direction or at the coroner’s request,
A relevant council—
may from time to time make a schedule of the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies;
may at any time vary a schedule so made; and
shall cause a copy of every schedule so made or so varied to be sent to every coroner concerned.
The Secretary of State may by rules made by statutory instrument prescribe—
the fees payable to coroners or other persons for furnishing copies of inquisitions, depositions or other documents in their custody relating to an inquest; and
where in the opinion of the Secretary of State adequate provision is not made for them by a schedule under subsection (2) above, the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies.
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A person who serves as a juror in a coroner’s court shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at the rates determined by the Secretary of State with the consent of the Treasury and subject to any prescribed conditions, by way of allowance—
for travelling and subsistence; and
for financial loss where in consequence of his attendance for that purpose—
he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject; or
he has suffered any loss of earnings which he would otherwise have made or any loss of benefit under the enactments relating to national insurance and social security which he would otherwise have received.
The amount due to any person in respect of such service shall be ascertained and paid over to him by the coroner.
For the purposes of this section a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn.
In this section “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State with the consent of the Treasury.
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A coroner holding an inquest shall, immediately after the termination of the proceedings, pay— not exceeding the fees, allowances and disbursements which may be lawfully paid or made under this Act.
the fees of every medical witness;
the allowance of every juror; and
all expenses reasonably incurred in and about the holding of the inquest,
Any fees, allowances or disbursements so paid or made shall be repaid to the coroner in manner provided by this Act.
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Every coroner shall within four months after paying or making any fees, allowances or disbursements in accordance with the provisions of this Act, cause a full and true account of all fees, allowances and disbursements so paid or made by him under this Act to be laid before the relevant council.
Every account under this section shall be accompanied by such vouchers as under the circumstances may to the relevant council seem reasonable; and the relevant council may, if they think fit, examine the coroner on oath as to any such account.
On being satisfied of the correctness of any such account, the relevant council shall order their treasurer to pay to the coroner the sum due; and the treasurer shall without any abatement or deduction pay that sum— and shall be allowed that sum on passing his accounts.
in the case of a metropolitan district or London borough council, out of the general rate fund;
in the case of a non-metropolitan county council, out of the county fund; and
in the case of the Common Council, out of the general rate,
In the case of a coroner for a coroner’s district consisting of two or more metropolitan districts or London boroughs, the expenses of the councils of those districts or boroughs in respect of the coroner’s service shall be apportioned between those councils in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.
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Every coroner shall on or before 1st February in every year furnish to the Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State may direct, of all cases in which an inquest has been held by him, or by some other person acting for him, during the year ending on the immediately preceding 31st December.
Every coroner shall also, as and when required by the Secretary of State, furnish to the Secretary of State returns in relation to inquests held and deaths inquired into by him in such form and containing such particulars as the Secretary of State may direct.
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The coroner of the Queen’s household shall continue to be appointed by the Lord Steward for the time being of the Queen’s household.
The coroner of the Queen’s household shall have exclusive jurisdiction in respect of inquests into the deaths of persons whose bodies are lying—
within the limits of any of the Queen’s palaces; or
within the limits of any other house where Her Majesty is then residing.
The limits of any such palace or house shall be deemed to extend to any courts, gardens or other places within the curtilage of the palace or house but not further; and where a body is lying in any place beyond those limits, the coroner within whose district the body is lying, and not the coroner for the Queen’s household, shall have jurisdiction to hold an inquest into the death.
The jurors on an inquest held by the coroner of the Queen’s household shall consist of officers of that household, to be returned by such officer of the Queen’s household as may be directed to summon the jurors by the warrant of the coroner.
All inquisitions, depositions and recognizances shall be delivered to the Lord Steward of the Queen’s household to be filed among the records of his office.
The coroner of the Queen’s household—
shall make his declaration of office before the Lord Steward of the Queen’s household; and
shall reside in one of the Queen’s palaces or in such other convenient place as may from time to time be allowed by the Lord Steward of the Queen’s household.
The provisions of Schedule 2 to this Act shall have effect with respect to the application of this Act and the law relating to coroners to the coroner of the Queen’s household.
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to inquire into any treasure which is found in his district; and
to inquire who were, or are suspected of being, the finders;
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The Lord Chancellor may, with the concurrence of the Secretary of State, make rules for regulating the practice and procedure at or in connection with inquests and post-mortem examinations and, in particular (without prejudice to the generality of the foregoing provision), such rules may provide—
as to the procedure at inquests held without a jury;
as to the issue by coroners of orders authorising burials;
for empowering a coroner or his deputy or assistant deputy to alter the date fixed for the holding of any adjourned inquest within the district of the coroner;
as to the procedure to be followed where a coroner decides not to resume an adjourned inquest; and
as to the notices to be given, and as to the variation or discharge of any recognisances entered into by jurors or witnesses, where the date fixed for an adjourned inquest is altered or where a coroner decides not to resume an adjourned inquest.
Without prejudice to the generality of subsection (1) above, rules under this section may make provision for persons to be excused service as jurors at inquests in such circumstances as the rules may specify.
The power of the Lord Chancellor under this section to make rules with respect to any matter shall include power—
to prescribe the forms to be used in connection with that matter;
to revoke or amend, or substitute new forms for, any forms which are directed or authorised by or under any enactment to be used in connection with that matter.
The power to make rules under this section shall be exercisable by statutory instrument.
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Nothing in this Act shall prejudice or affect the jurisdiction of a judge exercising the jurisdiction of a coroner by virtue of his office.
Nothing in this Act shall prejudice or affect—
the jurisdiction of the Lord Chancellor or the High Court in relation to the removal of a coroner otherwise than in the manner provided by this Act; or
the jurisdiction of the High Court in relation to or over a coroner or his duties.
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Subject to subsection (2) below, this Act shall apply in relation to the Isles of Scilly as if those Isles were a non-metropolitan county and the Council of those Isles were the council of that county.
The power conferred on the Secretary of State by section 265 of the Local Government Act 1972 (application of that Act to the Isles of Scilly) shall include power to make an order providing for regulating the application of this Act to those Isles otherwise than as mentioned in subsection (1) above and such an order may amend or repeal that subsection accordingly.
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In this Act, unless the context otherwise requires—
“relevant council” has the meaning given by section 1(1) above.
“administrative area” means a metropolitan or non-metropolitan county or Greater London;
“the Common Council” means the Common Council of the City of London and “common councillor” shall be construed accordingly;
“the City” means the City of London (including the Inner Temple and the Middle Temple);
“Greater London” does not include the City;
In this Act references to an inquest held with a jury include, and references to an inquest held without a jury do not include, references to an inquest part of which is held with a jury.
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The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.
The enactments and instruments mentioned in Schedule 4 to this Act (which include some that are spent) are hereby repealed to the extent specified in the third column of that Schedule.
Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
Notwithstanding the repeal by this Act of section 13 of the Local Government Act 1985—
any coroner holding office immediately before 1st April 1986 and assigned to a coroner’s district in a metropolitan county or in Greater London shall be deemed to have been duly appointed by the relevant council; and
any orders made under section 12 of the Coroners (Amendment) Act 1926 and in force immediately before that date shall, so far as they affect a metropolitan county or Greater London, have effect as if made under section 4(1) above.
Notwithstanding the repeal by this Act of the Coroners Act 1887, anything mentioned in subsection (5) of section 45 of that Act which, immediately before the commencement of this Act, was in force by virtue of that subsection shall, except so far as it is inconsistent with this Act, remain in force.
Nothing in this section shall be taken as prejudicing the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
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This Act may be cited as the Coroners Act 1988.
This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
This Act extends to England and Wales only.
Section 3(1).
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On the retirement, after not less than five years' service, of a coroner— (that is to say, a coroner who is not a pensionable employee for the purposes of the Local Government Superannuation Regulations 1986) the relevant council may, if either of the conditions mentioned in sub-paragraph (2) below is satisfied, grant to him a pension of such amount as may be agreed between him and the council not exceeding the scale contained in paragraph 3 below. The said conditions are— A coroner to whom this paragraph applies— A pension payable to a coroner under this paragraph shall be reduced by the amount of any additional component of his retirement pension (within the meaning of section 6(1)(b) of the Social Security Pensions Act 1975) which is payable to him. In this paragraph “service” means service, whether before or after the commencement of this Act, as a coroner in the same administrative area; and for this purpose “administrative area” includes the City. Notwithstanding the reproduction of article 3 of the Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978 as paragraphs (a) and (b) of sub-paragraph (1) above and of article 4 of that Order as sub-paragraph (4) above— as though they were contained in an order made under section 65 of the Social Security Act 1973.
An annual pension not exceeding ten sixtieths of the last annual salary may be granted after the completion of five years' service. Where the completed service exceeds five years, there may be granted an annual pension not exceeding the aggregate of— so however that no such pension shall be of an amount exceeding two-thirds of that salary. For the purposes of this paragraph the last annual salary of a coroner shall be taken to be the salary paid to him in his last completed year of service as coroner, after deducting so much (if any) of that salary as was paid to him with a view to his providing at his own expense for any necessary expenditure in connection with his duties as coroner. If any dispute arises as to the amount to be deducted under sub-paragraph (3) above in computing the last annual salary of a coroner, the dispute shall be referred to the Secretary of State, whose decision shall be final.
The salary of a coroner and any pension payable to a person in respect of his service as coroner shall be deemed to accrue from day to day and, in the absence of agreement to the contrary, shall be payable quarterly.
Section 29(7).
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that the appointment of a deputy to the coroner of the Queen’s household shall be subject to the approval of the Lord Steward of the Queen’s household; and
that copies of such appointments shall be sent to and kept by him.
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have the same jurisdiction and powers; and
be subject to the same obligations, liabilities and disqualifications; and
generally be subject to the provisions of this Act and the law relating to coroners in the same manner,
Section 36(1).
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In section 10 of the Cremation Act 1902, for the words “the Coroners Act 1887, or any Act amending the same” there shall be substituted the words “the Coroners Act 1988”.
In section 22(3) of the 1953 Act, for the words from the beginning to “1926” there shall be substituted the words “Except where an inquest is held into the death of the deceased person or a post-mortem examination of his body is made under section 19 of the Coroners Act 1988”.
Subsection (1) of section 23 of the 1953 Act shall cease to have effect. In subsection (2) of that section, for the words “On receiving a certificate under the foregoing subsection” there shall be substituted the words Where an inquest is held into a death and the registrar receives under section 11(7) of the Coroners Act 1988 a certificate under the coroner’s hand—. After that subsection there shall be inserted the following subsection— In subsection (3) of that section, for the words from the beginning to “examination, and” there shall be substituted the words “Where a post-mortem examination is made of a body under section 19 of the Coroners Act 1988 and the registrar receives from the coroner under subsection (3) of that section a certificate under his hand stating the cause of death as disclosed by the report of the person making the examination,”.
In section 29(4)(b) of that Act, for the words “section 20(4) of the Coroners (Amendment) Act 1926” there shall be substituted the words “section 16(4) of the Coroners Act 1988” and for the words “section 20(1)” there shall be substituted the words “section 16(1)”.
In section 128(2) of the Army Act 1955, for the words “The Coroners Acts 1887 to 1926” there shall be substituted the words “The Coroners Act 1988”.
In section 214(4) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
In section 215(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
In section 128(2) of the Air Force Act 1955, for the words “The Coroners Acts 1887 to 1926” there shall be substituted the words “The Coroners Act 1988”.
In section 212(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
In section 213(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
In section 82(1) of the Naval Discipline Act 1957, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
In section 123(5) of that Act, for the words “the Coroners Acts 1887 to 1926” there shall be substituted the words “the Coroners Act 1988”.
Section 49 of the Criminal Justice Act 1967 shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
In paragraph 61 of Schedule 2 to the Pensions (Increase) Act 1971, for the words “section 6 of the Coroners (Amendment) Act 1926 (county and borough coroners)” there shall be substituted the words “paragraph 2 of Schedule 1 to the Coroners Act 1988”.
In subsection (2) of section 19 of the Juries Act 1974, for the words “the Coroners Act 1887, as amended by this Act” there shall be substituted the words “the Coroners Act 1988”. In subsection (5) of that section for the words “the Coroners Act 1887” there shall be substituted the words “the Coroners Act 1988”.
CORONERS ACT 1988 (c. 13) Sections 10(1) and (2) and 21(5) (refusal to give evidence etc.). £400
In section 60(4) of the Local Government Act 1985, for the words “section 6 of the Coroners (Amendment) Act 1926” there shall be substituted the words “paragraph 2 of Schedule 1 to the Coroners Act 1988”.
Section 36(2). ... ... ...