Legislation – Judicial Review and Courts Act 2022
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Part 2Courts, tribunals and coroners
Chapter 4Coroners
40Power to conduct non-contentious inquests in writing
(1)
The Coroners and Justice Act 2009 is amended as follows.
(2)
“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)
“(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.”