Coroners and Justice Act 2009

[F1 SCHEDULE 1A U.K. Investigations and inquests into Troubles-related deaths

Textual Amendments

F1 Sch. 1A inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 11 para. 1(2) (with s. 61)

Obligatory discontinuance of existing investigations and inquests U.K.

1 (1) This paragraph applies to an investigation into a death that resulted directly from the Troubles if, on 1 May 2024, a senior coroner was under a duty to conduct the investigation unless, on that day, the only part of the investigation that remains to be carried out is the coroner or any jury making the determination and any findings required by section 10, or something subsequent to that.

(2) On and after that day a coroner must not progress the conduct of—

(a) the investigation, or

(b) the inquest.

(3) As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue—

(a) the investigation, and

(b) the inquest, including by discharging any jury that has been summoned.

(4) Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph.

New investigations and inquests U.K.

2 (1) This paragraph applies on and after the day on which paragraph 1(2) of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force.

(2) The duty under section 1(1) is not to begin to apply to a senior coroner in respect of a death that resulted directly from the Troubles.

(3) A senior coroner (A) must not make a request under section 2 for another senior coroner (B) to conduct an investigation into a death that resulted directly from the Troubles; and B must not agree to such a request.

(4) The Chief Coroner must not give a direction under section 1(5) or 3 to a senior coroner to conduct an investigation into a death that resulted directly from the Troubles.

Interpretation U.K.

3 (1) For the purposes of this Schedule a death “resulted directly from the Troubles” if—

(a) the death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from of an act of violence or force, and

(b) the act of violence or force was conduct forming part of the Troubles.

(2) In this paragraph “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

(3) In this Schedule—

• “inquest” means the inquest that forms part of an investigation;

• “investigation” means an investigation under this Part.]