Coroners and Justice Act 2009

Amendments of Access to Justice Act 1999

51 Public funding for advocacy at certain inquests

(1) Schedule 2 to the Access to Justice Act 1999 (c. 22) (Community Legal Service: excluded cases) is amended as follows.

(2) In paragraph 2, at the end insert “, and

(5) proceedings at an inquest under Part 1 of the Coroners and Justice Act 2009 to which sub-paragraph (1), (2) or (3) of paragraph 4 applies.”

(3) After paragraph 3 there is inserted—

“4(1) This sub-paragraph applies to an inquest into the death of a person who at the time of the death—

(a) was detained at a custodial institution or in a custody area at a court or police station,

(b) was detained at a removal centre or short-term holding centre,

(c) was being transferred or held in pursuance of prison escort arrangements or immigration escort arrangements,

(d) was detained in secure accommodation,

(e) was a detained patient, or

(f) was in service custody.

(2) This sub-paragraph applies to an inquest into the death of a person that occurred in the course of the person’s arrest by a constable or otherwise in the course of the execution or purported execution of any functions by a constable.

(3) This sub-paragraph applies to an inquest into the death of a person who at the time of the death was subject to service law by virtue of section 367 or 369(2)(a) of the Armed Forces Act 2006 and was engaged in active service.

(4) Paragraph 2(5) does not authorise the funding of the provision of services to anyone who is not an interested person within section 47(2)(a) of the Coroners and Justice Act 2009.

(5) In this paragraph—

• “active service” means service in—

  (a)

  an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006),

  (b)

  an operation outside the British Islands for the protection of life or property, or

  (c)

  the military occupation of a foreign country or territory;

• “custodial institution” means a prison, a young offender institution, a secure training centre or a remand centre;

• “detained patient” means a person who is detained in any premises under Part 2 or 3 or section 135(3B) or 136(4) of the Mental Health Act 1983;

• “immigration escort arrangements” means arrangements made under section 156 of the Immigration and Asylum Act 1999;

• “prison escort arrangements” means arrangements made under section 80 of the Criminal Justice Act 1991 or under section 102 or 118 of the Criminal Justice and Public Order Act 1994;

• “removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;

• “secure accommodation” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.”