Schedules
Schedule 1Duty or power to suspend or resume investigations
Part 1Suspension of investigations
Suspension where certain criminal proceedings are brought
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1
Subject to sub-paragraph (6), 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 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.
3
The second case is where the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.
4
The third case is where a prosecuting authority informs the 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,
and the prosecuting authority requests the coroner to suspend the investigation.
5
The fourth case is 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, and the Director requests the coroner to suspend the investigation.
6
The coroner need not suspend the investigation—
a
in the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing;
b
in the second case, if the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation continuing;
c
in any case, if the coroner thinks that there is an exceptional reason for not suspending the investigation.
7
In the case of an investigation that is already suspended under paragraph 1—
a
a suspension imposed by virtue of sub-paragraph (2) of that paragraph comes to an end if, in reliance of sub-paragraph (6)(a) above, the coroner decides not to suspend the investigation;
b
a suspension imposed by virtue of sub-paragraph (3) of that paragraph comes to an end if, in reliance on sub-paragraph (6)(b) above, the coroner decides not to suspend the investigation;
c
a reference above in this paragraph to suspending an investigation is to be read as a reference to continuing the suspension of an investigation;
d
if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 8 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).