1 The New Coroners Bill: An Overview Owain Thomas 1 Crown Office Row 21 September 2006.

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Presentation transcript:

1 The New Coroners Bill: An Overview Owain Thomas 1 Crown Office Row 21 September 2006

2 Summary Five Key Reforms Rights for the bereaved Leadership of the Chief Coroner New powers of investigation Reporting Restrictions Chief Medical Adviser

3 Three 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

4 Practical 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

5 The 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

6 Part 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)

7 Statutory 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)

8 Middleton 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

9 Juries 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”

10 New Powers Post mortems (cl.26) Entry, search and seizure (cl.50-51) Reporting Restrictions (cl. 30 and 41) Retention of Human Remains (cl.53)

11 The Chief Coroner Role Appeals (cl. 60) appeals to the Court of Appeal (cl.61)