Part 2Courts, tribunals and coroners
Chapter 4Coroners
I140Power to conduct non-contentious inquests in writing
1
The Coroners and Justice Act 2009 is amended as follows.
2
After section 9B insert—
9CInquests without jury to be conducted at hearing or in writing
1
Where an inquest into a death is to be held without a jury, the inquest is to be held—
a
at a hearing, or
b
if the senior coroner decides that a hearing is unnecessary, in writing.
2
The senior coroner is not to decide that a hearing is unnecessary unless—
a
the coroner has invited representations from each interested person known to the coroner,
b
no interested person has represented on reasonable grounds that a hearing should take place,
c
it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make, and
d
it appears to the coroner that no public interest would be served by a hearing.
3
In section 10(1) (determinations and findings required at inquest), for “hearing the evidence at” substitute “considering the evidence given to”
.
4
In section 45(2) (provision that may be made in Coroners rules), in paragraph (e), for “at” substitute “in the course of”
.
5
In section 47(2) (interested persons), in paragraph (l), after “attend” insert “or follow”
.
6
In paragraph 11 of Schedule 1 (resumption of inquests after adjournment)—
a
in sub-paragraph (2), for “The following provisions” substitute “Sub-paragraphs (3) and (4)”
;
b
after sub-paragraph (4) insert—
5
Where an inquest is resumed under this paragraph without a jury (whether or not it had one before the adjournment), the senior coroner must consider, in accordance with section 9C, whether the resumed inquest is to be held at a hearing or in writing.