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

2. 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

3. 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

4. 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

5. 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Inspection of the coroner system (now repealed)
Appeals to the Chief Coroner (now repealed)
Public funding for advocacy (to be repealed shortly)

6. 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

7. 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?

8. Questions?