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About INQUEST INQUEST is a charity that provides a free advice service to bereaved people on contentious deaths and their investigation with a particular focus on deaths in custody. Casework also informs our research, parliamentary, campaigning and policy work.
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Coroners & Justice Act 2009
The medically-qualified practitioner who carries out a post–mortem examination.The medically-qualified practitioner who carries out a post–mortem examination.The place where a body is taken after its removal from the place of death.The place where a body is taken after its removal from the place of death.(also post-mortem(also postmortem) A medical examination to determine the cause of death, also called an autopsy.) A medical examination to determine the cause of death, also called an autopsy.(also post-mortem(also postmortem) A medical examination to determine the cause of death, also called an autopsy.) A medical examination to determine the cause of death, also called an autopsy.Young Offender Institution - prison for people aged 21 and underYoung Offender Institution - prison for people aged 21 and underA legal term (Latin for "under judgment") which means that a case is currently at trial or being considered by a judge or court, and so cannot be discussed in public.A legal term (Latin for "under judgment") which means that a case is currently at trial or being considered by a judge or court, and so cannot be discussed in public.Secure Training CentreSecure Training CentreA prosecution for a crime which arises for example from the circumstances of a death.A prosecution for a crime which arises for example from the circumstances of a death.The person who works for the coronerThe legal official who orders a post-mortem and who is in charge of the inquest procedure. and is responsible for making arrangements for the inquest.The person who works for the coronerThe legal official who orders a post-mortem and who is in charge of the inquest procedure. and is responsible for making arrangements for the inquest.The chief legal officer of the United Kingdom. It is a government cabinet position.The chief legal officer of the United Kingdom. It is a government cabinet position.Legal cases which are not criminal trials, sometimes involving a claim for damagesA payment of money in recognition of certain kinds of suffering or injury, also called damages./compensationA payment of money in recognition of certain kinds of suffering or injury, also called damages..Legal cases which are not criminal trials, sometimes involving a claim for damagesA payment of money in recognition of certain kinds of suffering or injury, also called damages./compensationA payment of money in recognition of certain kinds of suffering or injury, also called damages..Legal cases which are not criminal trials, sometimes involving a claim for damages/compensation.Legal cases which are not criminal trials, sometimes involving a claim for damages/compensation.A term used to describe proceedings in the High Court (such as a judicial review) when they are heard by two or more judges.A term used to describe proceedings in the High Court (such as a judicial review) when they are heard by two or more judges.Usually called clinical negligenceClinical negligence is a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury. Sometimes also called medical negligence., a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury.Usually called clinical negligenceClinical negligence is a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury. Sometimes also called medical negligence., a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury.The part of the Public Funding scheme that allows a solicitor to give advice for the preparation of an inquest for no cost if the client is on income support.The part of the Public Funding scheme that allows a solicitor to give advice for the preparation of an inquest for no cost if the client is on income support.A form of verdict letting a jury give a longer explanation of what they think are the main or important issues.A form of verdict letting a jury give a longer explanation of what they think are the main or important issues.Since 1 October 2009 the Supreme Court of the United Kingdom has taken over the judicial functions of the House of Lords. It is the court of last resort and highest court of appeal in the United Kingdom.Since 1 October 2009 the Supreme Court of the United Kingdom has taken over the judicial functions of the House of Lords. It is the court of last resort and highest court of appeal in the United Kingdom.The government's in-house lawyers, who will act for the Prison Service in instructing barristers at inquests.The government's in-house lawyers, who will act for the Prison Service in instructing barristers at inquests.The highest civil court where cases may be heard for the first time. It also hears appeals and conducts judicial reviewA type of court proceeding in which a High Court judge or judges reviews the lawfulness of the way a decision was made or and action was taken by a public body or official such as a coroner.s, and supervises magistrates and crown courts.The highest civil court where cases may be heard for the first time. It also hears appeals and conducts judicial reviewA type of court proceeding in which a High Court judge or judges reviews the lawfulness of the way a decision was made or and action was taken by a public body or official such as a coroner.s, and supervises magistrates and crown courts.Public means-tested financial assistance for representation during legal proceedings. It is not available for representation at most inquests. The Lord ChancellorThe cabinet minister in the government responsible for the effective running of the legal system in England and Wales. can grant it in exceptional cases.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried outArticle 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the ECHRThe European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights Act 1998. All Council of Europe member states including the UK have signed the Convention..An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the ECHRThe European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights Act 1998. All Council of Europe member states including the UK have signed the Convention..An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2 of the ECHR.An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2 of the ECHR.The standard of
proof in a civil court cases and for inquest
verdicts other than unlawful killing or
suicide. In these cases, one outcome need
only be more probable than all the others.The standard of
proof in a civil court cases and for inquest
verdicts other than unlawful killing or
suicide. In these cases, one outcome need
only be more probable than all the others.Those people defined in the Coroners Act 1988 as having a right to ask questions at the inquest. Family members such as parents, children, spouses, civil partners or partners of the person who has died automatically come within the definition and can ask questions at the inquest. Other relatives and those with close relationships may also be regarded as Properly Interested Persons.Those people defined in the Coroners Act 1988 as having a right to ask questions at the inquest. Family members such as parents, children, spouses, civil partners or partners of the person who has died automatically come within the definition and can ask questions at the inquest. Other relatives and those with close relationships may also be regarded as Properly Interested Persons.The organisation responsible for providing
Public Funds for legal work.The organisation responsible for providing
Public Funds for legal work.The highest standard of proof required in legal hearings and needed for returning inquest verdicts of unlawful killing or suicide.The highest standard of proof required in legal hearings and needed for returning inquest verdicts of unlawful killing or suicide.The highest
standard of proof required in legal hearings
and needed for returning inquest verdicts of unlawful killing or suicide.The highest
standard of proof required in legal hearings
and needed for returning inquest verdicts of unlawful killing or suicide.Formerly known as police surgeons, FMEFormerly known as police surgeons, Forensic Medical Examiners or police doctors examine and assess the medical needs of people detained in police custody.s or police doctors examine and assess the medical needs of people detained in police custody.Formerly known as police surgeons, FMEFormerly known as police surgeons, Forensic Medical Examiners or police doctors examine and assess the medical needs of people detained in police custody.s or police doctors examine and assess the medical needs of people detained in police custody.The DPP is a government-appointed legal officer who is the head of, and responsible for, the Crown Prosecution ServiceThe CPS is responsible for deciding whether or not there is enough police evidence to undertake a criminal prosecution for a general criminal offence (e.g. manslaughter) both before and in some cases after the inquest, and whether or not a prosecution is in the public interest..The DPP is a government-appointed legal officer who is the head of, and responsible for, the Crown Prosecution ServiceThe CPS is responsible for deciding whether or not there is enough police evidence to undertake a criminal prosecution for a general criminal offence (e.g. manslaughter) both before and in some cases after the inquest, and whether or not a prosecution is in the public interest..The ECHR is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights ActThe Human Rights Act 1998 is an Act of Parliament that incorporated the European Convention on Human Rights into UK law. 1998. All Council of Europe member states including the UK have signed the Convention.The ECHR is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights ActThe Human Rights Act 1998 is an Act of Parliament that incorporated the European Convention on Human Rights into UK law. 1998. All Council of Europe member states including the UK have signed the Convention.On 12 November 2009 Royal Assent was given to the Coroners and Justice Act signalling significant changes in the way contentious deaths are investigated in England and Wales. INQUEST has long argued for reform of the inquest system. It has worked closely with MPs and peers to improve the Bill to address the problems of the inquest system which is hampered by delay, inconsistency of approach, lack of resources and the inability to properly fulfil its vital function of preventing unnecessary deaths. INQUEST will continue to work to ensure that the concerns of the families with whom the organisation works are addressed during the consultation on the secondary legislation and during implementation.
An inquest is the only automatic public investigation of a contentious death that takes place in a court of law. Therefore the need for it to be effective in deaths which involve issues of state or corporate accountability is crucial.
In the Queen’s Speech on 3 December 2008 the government signalled its intention to introduce a Coroners and Justice Bill, which was then published early in 2009. The government stated that:
“[the] Coroners and Justice Bill will ensure that victims are at the heart of the criminal justice system. It will significantly improve the service bereaved families receive from a reformed coroner system, and introduce a more consistent and transparent sentencing framework.
The purpose of the Bill is to… reform the justice and coroners systems to deliver a more effective, transparent and responsive service to the public. “
INQUEST engaged with the process as the Bill made its passage through parliament and had some success in ensuring that the needs of bereaved people were at the forefront of parliamentarians’ minds so that measures were introduced that would:
• tackle delays in the inquest system;
• address the problems with public fundingPublic means-tested financial assistance for representation during legal proceedings. It is not available for representation at most inquests. The Lord ChancellorThe cabinet minister in the government responsible for the effective running of the legal system in England and Wales. can grant it in exceptional cases. for families’ legal representation;
• record and monitor inquest findings;
• make recommendations to relevant statutory bodies following inquest findings;
• and ensure action is taken following these recommendations.
Measures proposed in clauses 11-12 of the Coroners and Justice Bill which would have allowed some inquests to be held partly in secret (as previously dropped from the Counter Terrorism Bill 2008) were eventually removed from the Bill after concerted campaigning by INQUEST and others. However, the Justice Secretary instead proposed such inquests would come under the Inquiries Act 2005, a solution which was in many ways even less satisfactory.
Despite last-minute campaigning for them to be amended or removed, the Coroners and Justice Act 2009 received Royal Assent on 12 November 2009 with the controversial secret inquiries measures intact.
Central to the Coroners and Justice Act 2009 is the role of the Chief Coroner, who would drive forward the reform process and introduce national standards and leadership.
In October 2010, the coalition government announced that it would not implement key provisions of the Act. Instead, they proposed a small number of amendments should remain and that the office of the Chief Coroner be abolished before it was even established through the so-called “bonfire of the quangos”. As the government proposals in the Public Bodies Bill are debated by Parliament, INQUEST has been engaged in intensive lobbying to raise our concerns. We have briefed parliamentarians, including speaking at a busy parliamentary meeting hosted by Baroness Finlay of Llandaff, circulated detailed briefing papers (see below) to Peers in advance of the debates and co-ordinated a letter to the editor of The Times on behalf of leading bereavement organisations.
In December 2010, INQUEST’s lobbying alongside organisations such as the Royal British Legion and AvMA resulted in a resounding defeat for the government when the House of Lords passed an amendment removing the Chief Coroner’s office from the list of bodies to be abolished through the Public Bodies Bill. The Bill is being considered by the House of Commons and INQUEST will continue to campaign to keep the Chief Coroner. The Bill itself has already been heavily criticised by MPs including the respected Public Administration Select Committee.
INQUEST also made a detailed response to the government’s green paper on reform of the legal aid system in February 2011 outlining our concerns about funding for legal representation of bereaved families at inquests.
Add your voice to our concern that the Chief Coroner’s office should not be abolished and the fundamental reforms in the Coroners and Justice Act 2009 must not be shelved:
See also:
- FAQs on coronial reform
Further information, see INQUEST’s briefings and press releases:
Public Bodies Bill and the Chief Coroner:
The Coroners & Justice Act
Press coverage:
 FAQs on coronial reform – November 2011  (PDF, 547KB) |
| INQUEST & Royal British legion briefing for Lords on Commons amendments to Public Bodies Bill – November 2011 (PDF, 57KB) |
| Briefing on delay and coronial reform for House of Lords, July 2011 (PDF, 95KB) |
| INQUEST’s response to the green paper on Legal Aid – February 2011 (PDF, 103KB) |
| INQUEST briefing for the House of Lords second reading of the Public Bodies Bill 2010 on proposals to abolish the post of Chief Coroner – November 2010 (PDF, 281KB) |
| INQUEST, Liberty & JUSTICE Joint briefing considering amendments to CJB on secret inquiries for the House of Commons- November 2009 (PDF281KB) |
| INQUEST, Liberty & JUSTICE Joint briefing considering amendments to CJB on secret inquiries for the third reading in the House of Lords – October 2009 (PDF323KB) |
| INQUEST’s briefing and suggested amendments to Coroners and Justice Bill for the House of Lords report stage – October 2009 |
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| INQUEST, Liberty & JUSTICE Joint draft proposed amendments to CJB on the admissibility of intercept evidencefor the report stage in the House of Lords – October 2009 |
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| Open letter on funding to Jack Straw MP from the Criminal Justice Alliance |
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| INQUEST’s briefing and suggested amendments to Coroners and Justice Bill for the House of Lords committee stage – June 2009 |
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| INQUEST, Liberty & JUSTICE Joint draft proposed amendments to CJB on the admissibility of intercept evidence & the relationship between inquests & public inquiries - May 2009 |
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| INQUEST’s briefing on the CJB House of Lords Second Reading – 15 May 2009 |
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| INQUEST’s briefing on the CJB House of Lords Second Reading – 5 May 2009 |
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| INQUEST, Liberty & Justice joint briefing on clauses 11-12 of the CJB – April 2009 |
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| INQUEST’s briefing on the CJB House of Commons Report and Third Reading – March 2009 |
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| INQUEST andLiberty hold parliamentary meeting on CJB – March 2009 |
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| INQUEST’s briefing on the Coroners and Justice Bill – February 2009 |
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| INQUEST’s briefing on clauses 11-13 of the Coroners and Justice Bill – February 2009 |
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| Click here for the UK Parliament web page for the Coroners and Justice Bill |
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| Older material |
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| INQUEST’s briefing on the need for a Coroners Bill – November 2008 |
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| INQUEST’s briefing on reform of the inquest system – June 2008 |
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| INQUEST’s press release welcoming the Coroners and Justice Bill – December 2008 |
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| INQUEST’s press release on reform of the inquest system – November 2007 |
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| Click here for other press releases including those on reform of the inquest system |
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| INQUEST’s response to the draft Coroner Reform Bill 2006 |
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| INQUEST’s submission to the Constitutional Affairs Committee |
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| Click here for Hansard report of Harriet Harman’s statement on the proposed Bill in 2007 |
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| Click here for the government’s page on the proposed Coroner Reform Bill |
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| Click here for more information and advice on coroners’ inquests |
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Investigating Deaths in Custody: public event
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