Coroners and Justice Act 2009

39 Inspection of coroner system

(1) It is the duty of inspectors of court administration appointed under section 58(1) of the Courts Act 2003 (c. 39) (“the 2003 Act”) to inspect and report to the Lord Chancellor on the operation of the coroner system.

(2) Subsection (1) is not to be read as enabling the inspectors—

(a) to inspect persons making judicial decisions or exercising any judicial discretion;

(b) to inspect the Chief Coroner or a Deputy Chief Coroner carrying out any functions as such.

(3) The Chief Inspector appointed under section 58(3) of the 2003 Act must report to the Lord Chancellor on any matter connected with the operation of the coroner system that the Lord Chancellor refers to the Chief Inspector.

(4) An inspector exercising functions under subsection (1) may—

(a) enter any place of work occupied by a senior coroner or the Coroner for Treasure or by an officer or member of staff provided for a senior coroner or the Coroner for Treasure;

(b) inspect and take copies of any records kept by any of those persons that relate to the operation of the coroner system and are considered by the inspector to be relevant to the discharge of his or her functions.

Paragraph 1(3) of Schedule 10 (under which a reference to a senior coroner may include the Chief Coroner) does not apply for the purposes of paragraph (a).

(5) Subsection (4)(a) does not entitle an inspector—

(a) to be present during an inquest, or a part of an inquest, from which people have been excluded by a direction given by virtue of section 45(3);

(b) to attend any private deliberations of persons having jurisdiction to make any determination or finding.

(6) Section 61(4) and (5) of the 2003 Act (records kept on computers) applies to inspections under subsection (4)(b) above as it applies to inspections under section 61(2) of that Act (power to inspect court support system records).

(7) The powers conferred by subsection (4) or by virtue of subsection (6) may be exercised at reasonable times only.

(8) If a report under subsection (1) or (3) recommends the taking of any action by a senior coroner or the Coroner for Treasure, the Lord Chancellor may give a direction requiring the coroner to take the action within a period specified in the direction.