Search Legislation

Advanced Search

Coroners and Justice Act 2009

Status:

This is the original version (as it was originally enacted).

Suspension where certain criminal charges may be brought

This section has no associated Explanatory Notes

1(1)A senior coroner must suspend an investigation under this Part of this Act into a person’s death in the following cases.

(2)The first case is where a prosecuting authority requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a)a homicide offence involving the death of the deceased, or

(b)an offence (other than a service offence) that is alleged to be a related offence.

(3)The second case is where a Provost Marshal or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a)the service equivalent of a homicide offence involving the death of the deceased, or

(b)a service offence that is alleged to be a related offence.

(4)Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—

(a)a period of 28 days beginning with the day on which the suspension first takes effect, or

(b)whatever longer period (beginning with that day) the coroner specifies.

(5)The period referred to in sub-paragraph (4) may be extended or further extended—

(a)in the first case, at the request of the authority by which the suspension was originally requested;

(b)in the second case, at the request of—

(i)the Provost Marshal by whom the suspension was originally requested, or

(ii)the Director of Service Prosecutions.

(6)In this Act—

  • “homicide offence” means—

    (a)

    murder, manslaughter, corporate manslaughter or infanticide;

    (b)

    an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

    (i)

    section 1 (causing death by dangerous driving);

    (ii)

    section 2B (causing death by careless, or inconsiderate, driving);

    (iii)

    section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers);

    (iv)

    section 3A (causing death by careless driving when under the influence of drink or drugs);

    (c)

    an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);

    (d)

    an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (causing or allowing the death of a child or vulnerable adult);

  • “related offence” means an offence (including a service offence) that—

    (a)

    involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, or

    (b)

    involves the death of a person other than the deceased (whether or not it is a homicide offence or the service equivalent of a homicide offence) and is committed in circumstances connected with the death of the deceased;

  • “the service equivalent of a homicide offence” means an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)) corresponding to a homicide offence.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources