Coroners and Justice Act 2009

Suspension where certain criminal charges may be brought E+W

1 (1) A senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases. E+W

(2) The first case is where a prosecuting authority requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a) a homicide offence involving the death of the deceased, or

(b) an offence (other than a service offence) that is alleged to be a related offence.

(3) The second case is where a Provost Marshal [F1 of a service police force, the Provost Marshal for serious crime] or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a) the service equivalent of a homicide offence involving the death of the deceased, or

(b) a service offence that is alleged to be a related offence.

(4) Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—

(a) a period of 28 days beginning with the day on which the suspension first takes effect, or

(b) whatever longer period (beginning with that day) the coroner specifies.

(5) The period referred to in sub-paragraph (4) may be extended or further extended—

(a) in the first case, at the request of the authority by which the suspension was originally requested;

(b) in the second case, at the request of—

(i) the Provost Marshal by whom the suspension was originally requested, or

(ii) the Director of Service Prosecutions.

(6) In this Act—

• “homicide offence” means—

  (a)

  murder, manslaughter, corporate manslaughter or infanticide;

  (b)

  an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

  (i)

  section 1 (causing death by dangerous driving);

  (ii)

  section 2B (causing death by careless, or inconsiderate, driving);

  (iii)

  section 3ZB (causing death by driving: unlicensed F2 ... or uninsured drivers);

  (iiia)

  [F3 section 3ZC (causing death by driving: disqualified drivers);]

  (iv)

  section 3A (causing death by careless driving when under the influence of drink or drugs);

  (c)

  an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);

  (d)

  an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) [F4 of causing or allowing the death of a child or vulnerable adult];

• “related offence” means an offence (including a service offence) that—

  (a)

  involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, or

  (b)

  involves the death of a person other than the deceased (whether or not it is a homicide offence or the service equivalent of a homicide offence) and is committed in circumstances connected with the death of the deceased;

• “the service equivalent of a homicide offence” means an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)) corresponding to a homicide offence.

Textual Amendments

F1 Words in Sch. 1 para. 1(3) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 40; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F2 Word in Sch. 1 para. 1(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 12(2) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

F3 Words in Sch. 1 para. 1(6) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 12(3) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

F4 Words in Sch. 1 para. 1(6) substituted (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), s. 4(2), Sch. para. 12; S.I. 2012/1432, art. 2

Commencement Information

I1 Sch. 1 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)