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The New Coroners Bill: An Overview

The New Coroners Bill: An Overview. Owain Thomas 1 Crown Office Row 21 September 2006. Summary. Five Key Reforms Rights for the bereaved Leadership of the Chief Coroner New powers of investigation Reporting Restrictions Chief Medical Adviser. Three key policies.

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The New Coroners Bill: An Overview

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  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)

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