Coroners and Justice Act 2009

Yn ddilys o 25/07/2013

Part 2 E+WResumption of investigations

Resumption of investigation suspended under paragraph 1E+W

7E+WAn investigation that is suspended under paragraph 1 must be resumed once the period under sub-paragraph (4) of that paragraph, or as the case may be the extended period under sub-paragraph (5) of that paragraph, has ended.

Resumption of investigation suspended under paragraph 2E+W

8(1)An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it.E+W

(2)Subject to sub-paragraph (3)—

(a)an investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;

(b)an investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.

(3)The investigation may be resumed while the proceedings in question are continuing if—

(a)in the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;

(b)in the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.

(4)For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—

(a)in the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;

(b)in the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.

(5)In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—

(a)the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;

(b)any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.

Resumption of investigation suspended under paragraph 3E+W

9(1)Where an investigation is suspended under paragraph 3—E+W

(a)it may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it;

(b)it may not be resumed before the end of the period of 28 days beginning with the relevant day;

(c)where sub-paragraph (4), (6), (8) or (10) applies, it may be resumed only in accordance with that sub-paragraph (and not before the end of the 28-day period mentioned in paragraph (b)).

(2)In sub-paragraph (1)(b) “the relevant day” means—

(a)if the Lord Chancellor gives the coroner notification under this paragraph, the day on which the inquiry concerned is concluded;

(b)otherwise, the day on which the findings of that inquiry are published.

(3)Sub-paragraph (4) applies where, during the suspension of the investigation, the coroner—

(a)becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, or

(b)becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.

(4)The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless a prosecuting authority informs the coroner that it has no objection to the investigation being resumed before then.

(5)Sub-paragraph (6) applies where, during the suspension of the investigation, the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.

(6)The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed before then.

(7)Sub-paragraph (8) applies where, during the suspension of the investigation, a prosecuting authority informs the senior coroner that a person—

(a)has appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, or

(b)has been charged on an indictment with such an offence without having been sent for trial for it.

(8)If the prosecuting authority requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.

(9)Sub-paragraph (10) applies where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence.

(10)If the Director of Service Prosecutions requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.

(11)In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—

(a)the inquiry under the Inquiries Act 2005 (c. 12) by reason of which the investigation was suspended;

(b)any proceedings that, by reason of sub-paragraph (4), (6), (8) or (10), had to be concluded before the investigation could be resumed.

Resumption of investigation suspended under paragraph 5E+W

10E+WAn investigation that is suspended under paragraph 5 may be resumed at any time if the senior coroner thinks that there is sufficient reason for resuming it.

SupplementalE+W

11(1)Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.E+W

(2)The following provisions apply, in place of section 7, to an inquest that is resumed under this paragraph.

(3)The resumed inquest may be held with a jury if the senior coroner thinks that there is sufficient reason for it to be held with one.

(4)Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—

(a)if at least seven persons who were members of the original jury are available to serve at the resumed inquest, the resumed inquest must be held with a jury consisting of those persons;

(b)if not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.