On 14 January 2009, the Coroners and Justice Bill (the “Bill”) was introduced in the House of Commons. The Bill replaces the previous Coroners and Death Certification Bill (discussed in previous editions of this newsletter) by merging it with the Law Reform, Victims and Witnesses Bill. The two Bills have been combined, largely because they share the same overriding aim – to provide a better service for members of the public when they come into contact with the coroner, death certification or justice systems.
The aim of the Bill is to “deliver a more effective, transparent and responsive justice system for victims, witnesses and the wider public.” It has been introduced following a number of public consultations throughout 2008. The Bill’s provisions extend mainly to England & Wales, with only certain provisions extending to Scotland and Northern Ireland.
In relation to coroners, the Bill seeks to introduce a national coroner service for England and Wales, headed by a new Chief Coroner. It aims to improve the experience of those bereaved people coming into contact with the coroner system, giving them rights of appeal against coroners’ decisions and setting out the general standards of service they can expect to receive. By establishing improved powers and guidance for coroners and publicising statistics and reports to prevent deaths, the changes should reduce delays and improve the quality and outcomes of investigations and inquests. Senior coroners will also have powers to commission post-mortems where appropriate. For deaths not investigated by the coroner, a system of secondary certification will be introduced, which will enable independent scrutiny and confirmation of the medical cause of death in a way that is “proportionate, consistent and transparent”.
In addition to the provisions to reform the coroner system, the Bill seeks to amend elements of the law in relation to the criminal offences of murder, infanticide and assisted suicide. It also sets down new rules for the protection of witnesses and in relation to the security of court, and it contains various amendments in the areas of legal aid, sentencing, criminal memoirs and the Data Protection Act 1998.
The Bill is due to have its second hearing in the House of Commons on 26 January 2009.
To see the Bill as introduced please click here
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