Wednesday, 21 January 2009

inquests, few and far between, to be held in private if non-publicly disclosable material is relevant to proceedings



Coroners and Justice Bill briefing note

Coroners court

19 December 2008

This briefing note sets out some of the Coroners and Justice Bill's main measures on coroners. We will publish further details about the contents when the Bill is formally introduced in Parliament, which we anticipate will be early in 2009.

What are the aims of the coroners' legislation?

The aims are to:

  • introduce a national coroner service for England and Wales, headed by a new Chief Coroner
  • improve the experience of those bereaved people coming into contact with the coroner system, giving them rights of appeal against coroners' decisions and setting out the general standards of service they can expect to receive
  • reduce delays and improve the quality and outcomes of investigations and inquests through improved powers and guidance for coroners, and the publication of statistics and reports to prevent deaths
  • introduce a system – for deaths not investigated by the coroner – that enables independent scrutiny and confirmation of the medical cause of death in a way that is proportionate, consistent and transparent.
     

Why is it a Coroners and Justice Bill?

The Coroners and Death Certification Bill and the Law Reform, Victims and Witnesses Bill announced in the draft legislative programme on May 2008 have been combined, largely because they share the same overriding aim – to provide a better service for members of the public when they come into contact with the coroner, death certification or justice systems in this country. It therefore makes sense to address the reforms to these public services in the one Bill.

What are the non-coroner provisions in the Bill?

In addition to provisions to reform the coroner system the Bill will also contain a number of measures to deliver a more effective, transparent and responsive justice service for victims and witnesses. Further details are available on legislation pages of the Ministry of Justice website.

When will the Bill be introduced?

We anticipate that the Bill will be introduced early in 2009.

What will the coroners part of the Bill contain?

The key provisions will be:

  • introduction of a Chief Coroner
  • introduction of a new death certification system
  • relaxation of rigid boundary restrictions (but services remain based within local authorities)
  • appeals system
    • independent inspection
  • new coroner areas
  • new appointment system for coroners
  • powers to secure information and evidence
  • inquests, few and far between, to be held in private if non-publicly disclosable material is relevant to proceedings
  • Charter for Bereaved Families


 

How has policy changed from the 2006 draft Bill and from the updates which have already been published?

The policy remains broadly the same as set out in the draft Bill and in the subsequent policy document published in March 2008, although the layout is different from the draft Bill. We intend to issue a fuller note on the contents of the Bill shortly after it is introduced.

When will we see a revised draft of the Charter for the Bereaved?

We plan to publish a revised draft of the charter when the Bill is introduced. This new version will highlight changes we have made as a result of the consultation which took place in 2008.