Search Legislation

Coroners and Justice Act 2009

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Coroners etc

    1. Chapter 1 Investigations into deaths

      1. Duty to investigate

        1. 1.Duty to investigate certain deaths

      2. Investigation by other coroner

        1. 2.Request for other coroner to conduct investigation

        2. 3.Direction for other coroner to conduct investigation

      3. Discontinuance of investigation

        1. 4.Discontinuance where cause of death revealed by post-mortem examination

      4. Purpose of investigation

        1. 5.Matters to be ascertained

      5. Inquests

        1. 6.Duty to hold inquest

        2. 7.Whether jury required

        3. 8.Assembling a jury

        4. 9.Determinations and findings by jury

      6. Outcome of investigation

        1. 10.Determinations and findings to be made

      7. Suspension

        1. 11.Duty or power to suspend or resume investigations

      8. Death of service personnel abroad

        1. 12.Investigation in Scotland

        2. 13.Investigation in England and Wales despite body being brought to Scotland

      9. Ancillary powers of coroners in relation to deaths

        1. 14.Post-mortem examinations

        2. 15.Power to remove body

    2. Miscellaneous

      1. 16.Investigations lasting more than a year

      2. 17.Monitoring of and training for investigations into deaths of service personnel

    3. Chapter 2 Notification, certification and registration of deaths

      1. 18.Notification by medical practitioner to senior coroner

      2. 19.Medical examiners

      3. 20.Medical certificate of cause of death

      4. 21.National Medical Examiner

    4. Chapter 3 Coroner areas, appointments etc

      1. 22.Coroner areas

      2. 23.Appointment etc of senior coroners, area coroners and assistant coroners

      3. 24.Provision of staff and accommodation

    5. Chapter 4 Investigations concerning treasure

      1. 25.Coroner for Treasure and Assistant Coroners for Treasure

      2. 26.Investigations concerning treasure

      3. 27.Inquests concerning treasure

      4. 28.Outcome of investigations concerning treasure

      5. 29.Exception to duty to investigate

      6. 30.Duty to notify Coroner for Treasure etc of acquisition of certain objects

      7. 31.Code of practice under the Treasure Act 1996

    6. Chapter 5 Further provision to do with investigations and deaths

      1. 32.Powers of coroners

      2. 33.Offences

      3. 34.Allowances, fees and expenses

    7. Chapter 6 Governance etc

      1. 35.Chief Coroner and Deputy Chief Coroners

      2. 36.Reports and advice to the Lord Chancellor from the Chief Coroner

      3. 37.Regulations about training

      4. 38.Medical Adviser and Deputy Medical Advisers to the Chief Coroner

      5. 39.Inspection of coroner system

      6. 40.Appeals to the Chief Coroner

      7. 41.Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

      8. 42.Guidance by the Lord Chancellor

    8. Chapter 7 Supplementary

      1. Regulations and rules

        1. 43.Coroners regulations

        2. 44.Treasure regulations

        3. 45.Coroners rules

      2. Coroner of the Queen’s household

        1. 46.Abolition of the office of coroner of the Queen’s household

      3. Interpretation

        1. 47.“Interested person”

        2. 48.Interpretation: general

      4. Northern Ireland and Scotland amendments

        1. 49.Amendments to the Coroners Act (Northern Ireland) 1959

        2. 50.Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

    9. Amendments of Access to Justice Act 1999

      1. 51.Public funding for advocacy at certain inquests

  3. Part 2 Criminal offences

    1. Chapter 1 Murder, infanticide and suicide

      1. Partial defence to murder: diminished responsibility

        1. 52.Persons suffering from diminished responsibility (England and Wales)

        2. 53.Persons suffering from diminished responsibility (Northern Ireland)

      2. Partial defence to murder: loss of control

        1. 54.Partial defence to murder: loss of control

        2. 55.Meaning of “qualifying trigger”

        3. 56.Abolition of common law defence of provocation

      3. Infanticide

        1. 57.Infanticide (England and Wales)

        2. 58.Infanticide (Northern Ireland)

      4. Suicide

        1. 59.Encouraging or assisting suicide (England and Wales)

        2. 60.Encouraging or assisting suicide (Northern Ireland)

        3. 61.Encouraging or assisting suicide: information society services

    2. Chapter 2 Images of children

      1. Prohibited images

        1. 62.Possession of prohibited images of children

        2. 63.Exclusion of classified film etc

        3. 64.Defences

        4. 65.Meaning of “image” and “child”

        5. 66.Penalties

        6. 67.Entry, search, seizure and forfeiture

        7. 68.Special rules relating to providers of information society services

      2. Indecent pseudo-photographs of children

        1. 69.Indecent pseudo-photographs of children: marriage etc

    3. Chapter 3 Other offences

      1. 70.Genocide, crimes against humanity and war crimes

      2. 71.Slavery, servitude and forced or compulsory labour

      3. 72.Conspiracy

      4. 73.Abolition of common law libel offences etc

  4. Part 3 Criminal evidence, investigations and procedure

    1. Chapter 1 Anonymity in investigations

      1. 74.Qualifying offences

      2. 75.Qualifying criminal investigations

      3. 76.Investigation anonymity orders

      4. 77.Applications

      5. 78.Conditions for making order

      6. 79.Appeal against refusal of order

      7. 80.Discharge of order

      8. 81.Delegation of functions

      9. 82.Public interest immunity

      10. 83.Review

      11. 84.Application to armed forces

      12. 85.Interpretation of this Chapter

    2. Chapter 2 Anonymity of witnesses

      1. Witness anonymity orders

        1. 86.Witness anonymity orders

        2. 87.Applications

        3. 88.Conditions for making order

        4. 89.Relevant considerations

        5. 90.Warning to jury

      2. Discharge and variation

        1. 91.Discharge or variation of order

        2. 92.Discharge or variation after proceedings

        3. 93.Discharge or variation by appeal court

      3. Service courts

        1. 94.Special provisions for service courts

      4. Public interest immunity

        1. 95.Public interest immunity

      5. The Criminal Evidence (Witness Anonymity) Act 2008

        1. 96.Power to make orders under the 2008 Act

      6. Interpretation

        1. 97.Interpretation of this Chapter

    3. Chapter 3 Vulnerable and intimidated witnesses

      1. Special measures for vulnerable and intimidated witnesses

        1. 98.Eligibility for special measures: age of child witnesses

        2. 99.Eligibility for special measures: offences involving weapons

        3. 100.Special measures directions for child witnesses

        4. 101.Special provisions relating to sexual offences

        5. 102.Evidence by live link: presence of supporter

        6. 103.Video recorded evidence in chief: supplementary testimony

      2. Evidence of certain accused persons

        1. 104.Examination of accused through intermediary

      3. Witnesses protected from cross-examination by accused in person

        1. 105.Age of child complainant

    4. Chapter 4 Live links

      1. 106.Directions to attend through live link

      2. 107.Answering to live link bail

      3. 108.Searches of persons answering to live link bail

      4. 109.Use of live link in certain enforcement hearings

      5. 110.Direction of registrar for appeal hearing by live link

    5. Chapter 5 Miscellaneous

      1. Evidence by video recording

        1. 111.Effect of admission of video recording

      2. Evidence of previous complaints

        1. 112.Admissibility of evidence of previous complaints

      3. Immunity etc

        1. 113.Powers in respect of offenders who assist investigations and prosecutions

      4. Bail

        1. 114.Bail: risk of committing an offence causing injury

        2. 115.Bail decisions in murder cases to be made by Crown Court judge

      5. Unsigned indictments

        1. 116.Indictment of offenders

      6. Detention of terrorist suspects

        1. 117.Detention of persons under section 41 of the Terrorism Act 2000

  5. Part 4 Sentencing

    1. Chapter 1 Sentencing Council for England and Wales

      1. Sentencing Council for England and Wales

        1. 118.Sentencing Council for England and Wales

        2. 119.Annual report

      2. Guidelines

        1. 120.Sentencing guidelines

        2. 121.Sentencing ranges

        3. 122.Allocation guidelines

        4. 123.Preparation or revision of guidelines in urgent cases

        5. 124.Proposals by Lord Chancellor or Court of Appeal

      3. Duties of the court

        1. 125.Sentencing guidelines: duty of court

        2. 126.Determination of tariffs etc

      4. Other functions of the Council

        1. 127.Resource implications of guidelines

        2. 128.Monitoring

        3. 129.Promoting awareness

        4. 130.Resources: effect of sentencing practice

        5. 131.Resources: effect of factors not related to sentencing

        6. 132.Duty to assess impact of policy and legislative proposals

      5. Lord Chancellor’s functions

        1. 133.Assistance by the Lord Chancellor

        2. 134.Entrenchment of Lord Chancellor’s functions

      6. Miscellaneous and general

        1. 135.Abolition of existing sentencing bodies

        2. 136.Interpretation of this Chapter

    2. Chapter 2 Other provisions relating to sentencing

      1. Driving disqualification

        1. 137.Extension of driving disqualification

      2. Dangerous offenders

        1. 138.Dangerous offenders: terrorism offences (England and Wales)

        2. 139.Dangerous offenders: terrorism offences (Northern Ireland)

      3. Confiscation orders

        1. 140.Appeals against certain confiscation orders (England and Wales)

        2. 141.Appeals against certain confiscation orders (Northern Ireland)

  6. Part 5 Miscellaneous criminal justice provisions

    1. 142.Commissioner for Victims and Witnesses

    2. 143.Implementation of E-Commerce and Services directives: penalties

    3. 144.Treatment of convictions in other member States etc

    4. 145.Transfer to Parole Board of functions under the Criminal Justice Act 1991

    5. 146.Retention of knives surrendered or seized (England and Wales)

    6. 147.Retention of knives surrendered or seized (Northern Ireland)

    7. 148.Security in tribunal buildings

  7. Part 6 Legal aid and other payments for legal services

    1. Community Legal Service

      1. 149.Community Legal Service: pilot schemes

      2. 150.Excluded services: help in connection with business matters

    2. Criminal Defence Service

      1. 151.Criminal Defence Service: information requests

      2. 152.Criminal Defence Service: enforcement of order to pay cost of representation

    3. General

      1. 153.Statutory instruments relating to the Legal Services Commission

    4. Regulation of certain agreements

      1. 154.Damages-based agreements relating to employment matters

  8. Part 7 Criminal memoirs etc

    1. Exploitation proceeds orders

      1. 155.Exploitation proceeds orders

      2. 156.Qualifying offenders

      3. 157.Qualifying offenders: service offences

      4. 158.Qualifying offenders: supplementary

      5. 159.Relevant offences

      6. 160.Deriving a benefit

      7. 161.Applications

    2. Exercise of power to make orders

      1. 162.Determination of applications

      2. 163.Limits on recoverable amount

      3. 164.The available amount

      4. 165.Property

    3. Additional powers

      1. 166.Effect of conviction being quashed etc

      2. 167.Powers of court on repeat applications

      3. 168.Additional proceeds reporting orders

    4. Investigations

      1. 169.Exploitation proceeds investigations

      2. 170.Functions of Serious Organised Crime Agency

    5. Limitation

      1. 171.Limitation

    6. Interpretation

      1. 172.Interpretation of this Part

  9. Part 8 Data Protection Act 1998

    1. 173.Assessment notices

    2. 174.Data-sharing code of practice

    3. 175.Further amendments of the Data Protection Act 1998 (c. 29)

  10. Part 9 General

    1. 176.Orders, regulations and rules

    2. 177.Consequential etc amendments and transitional and saving provisions

    3. 178.Repeals

    4. 179.Financial provision

    5. 180.Effect of amendments to provisions applied for purposes of service law

    6. 181.Extent

    7. 182.Commencement

    8. 183.Short title

    1. Schedule 1

      Duty or power to suspend or resume investigations

      1. Part 1 Suspension of investigations

      2. Part 2 Resumption of investigations

    2. Schedule 2

      Coroner areas

    3. Schedule 3

      Appointment etc of senior coroners, area coroners and assistant coroners

      1. Part 1 Appointment of senior, area and assistant coroners

      2. Part 2 Qualifications of senior, area and assistant coroners

      3. Part 3 Vacancies; functions of area and assistant coroners

      4. Part 4 Terms of office of senior, area and assistant coroners

    4. Schedule 4

      Coroner for Treasure and Assistant Coroners for Treasure

      1. Part 1 Appointment, qualifications and terms of office of Coroner for Treasure

      2. Part 2 Designation and remuneration of Assistant Coroners for Treasure

      3. Part 3 Miscellaneous

    5. Schedule 5

      Powers of coroners

    6. Schedule 6

      Offences

      1. Part 1 Offences relating to jurors

      2. Part 2 Offences relating to witnesses and evidence

      3. Part 3 Miscellaneous

    7. Schedule 7

      Allowances, fees and expenses

      1. Part 1 Allowances payable to jurors

      2. Part 2 Allowances payable to witnesses

      3. Part 3 Miscellaneous fees, allowances and expenses

      4. Part 4 Meeting or reimbursing expenses

      5. Part 5 Supplemental

    8. Schedule 8

      Chief Coroner and Deputy Chief Coroners

    9. Schedule 9

      Medical adviser and Deputy medical advisers to the Chief Coroner

    10. Schedule 10

      Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

    11. Schedule 11

      Amendments to the Coroners Act (Northern Ireland) 1959

    12. Schedule 12

      Encouraging or assisting suicide: providers of information society services

    13. Schedule 13

      Prohibited images: providers of information society services

    14. Schedule 14

      Schedule 1A to the Youth Justice and Criminal Evidence Act 1999

    15. Schedule 15

      The Sentencing Council for England and Wales

    16. Schedule 16

      Extension of disqualification for driving

    17. Schedule 17

      Treatment of convictions in other member States etc

    18. Schedule 18

      Motor vehicle orders

    19. Schedule 19

      Exploitation proceeds investigations

    20. Schedule 20

      Amendments of the Data Protection Act 1998 (c. 29)

      1. Part 1 Data controllers’ registration

      2. Part 2 Assessment notices

      3. Part 3 Powers to require information

      4. Part 4 Restriction on use of information

      5. Part 5 Monetary penalties: restriction on matters to be taken into account

      6. Part 6 Warrant for entry and inspection

    21. Schedule 21

      Minor and consequential amendments

      1. Part 1 Coroners etc

      2. Part 2 Murder and suicide

      3. Part 3 Prohibited images of children

      4. Part 4 Abolition of common law libel offences etc

      5. Part 5 Witness anonymity orders

      6. Part 6 Vulnerable and intimidated witnesses

      7. Part 7 Bail

      8. Part 8 Sentencing Council for England and Wales

      9. Part 9 Disqualification for driving

      10. Part 10 Miscellaneous

    22. Schedule 22

      Transitional, transitory and saving provisions

      1. Part 1 Coroners etc

      2. Part 2 Criminal offences

      3. Part 3 Criminal evidence, investigations and procedure

      4. Part 4 Sentencing

      5. Part 5 Miscellaneous

    23. Schedule 23

      Repeals

      1. Part 1 Coroners etc

      2. Part 2 Criminal offences

      3. Part 3 Criminal evidence and procedure

      4. Part 4 Sentencing

      5. Part 5 Miscellaneous criminal justice provisions

      6. Part 6 Legal aid

      7. Part 7 Criminal memoirs etc

      8. Part 8 Data Protection Act 1998

      9. Part 9 Miscellaneous

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources