The Coroners and Justice Act 2009: next steps and timescales Dominic Smales, Coroner Reform Team, MoJ 5 December 2012 Title slide of presentation.

Coroners and Justice Act 2009 Royal Assent in November 2009 Part 1 – reforms to coroner system and new system of death certification Three key aims of coroner reforms: To put the needs of bereaved families at the heart of the coroner system; For coroner services to be delivered locally but within a new national framework, with national leadership; and To enable a more efficient system of investigations and inquests Consultation on implementation in March 2010 Government response in October 2010 Further changes under Public Bodies Act 2011

Main changes under the 2009 Act New terminology – including new concept of ‘investigations’ into deaths New post of Chief Coroner to provide national oversight of the system and leadership to coroners Greater flexibility – movement of cases, where post-mortem examinations conducted and inquests held New duty on local authorities to provide staff and accommodation to coroner New ‘coroner areas’ – and power to merge Changes to coroner titles and eligibility and appointment provisions New coroner powers – including power to require evidence to be given/produced and new offences Statutory guidance on how the system will operate in relation to the bereaved New regulations on the investigation process New coroner rules on the inquest process

Key Chief Coroner powers under the 2009 Act Directing a senior coroner to conduct an investigation and overseeing transfers Conducting investigations and appointing a retired coroner, or requesting the Lord Chief Justice to nominate a judge or retired judge, to conduct an investigation Annual report to the Lord Chancellor to be laid in Parliament Maintaining a register of investigations more than 12 months old Collating ‘Rule 43s’ and responses to these from relevant authorities Power to make regulations about the training of coroners and coroners’ officers Monitoring of investigations into service personnel deaths and ensuring coroners ‘suitably trained’ Transfer of service personnel inquests to and from Scotland

2009 Act reforms we won’t be taking forward We will not be implementing the following provisions: Coroner for Treasure Medical Adviser to the Chief Coroner Inspection of the coroner system (now repealed) Appeals to the Chief Coroner (now repealed) Public funding for advocacy (to be repealed shortly)

Approach to implementation We aim to: - broadly replicate existing system but with new terminology one or two changes to existing practice (e.g. on disclosure of information) Chief Coroner to oversee longer term review of rules and regulations Working closely with Chief Coroner, Coroners’ Society, Coroner’s Officers and Staff Association, local authority service managers, Local Government Association No additional funding Reforms must therefore be cost-neutral and impose no new burdens on local authorities

Implementation timeline Chief Coroner took up post on 17 September First of his statutory powers came into force on 24 September Currently preparing public consultation comprising: Draft coroners rules and regulations Draft order mapping out new coroner areas Draft regulations on fees, expenses etc. Draft guidance for the bereaved Plan to consult in early 2013 6-8 week consultation period Changes to come into force in mid-2013?

Questions?