Schedules

Schedule 1Duty or power to suspend or resume investigations

Part 1Suspension of investigations

Suspension where certain criminal charges may be brought

I11

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 F4of a service police force, the Provost Marshal for serious crime 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—

    1. a

      murder, manslaughter, corporate manslaughter or infanticide;

    2. b

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

      1. i

        section 1 (causing death by dangerous driving);

      2. ii

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

      3. iii

        section 3ZB (causing death by driving: unlicensed F2... or uninsured drivers);

      4. iiia

        F3section 3ZC (causing death by driving: disqualified drivers);

      5. iv

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

    3. c

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

    4. d

      an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) F1of causing or allowing the death of a child or vulnerable adult;

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

    1. a

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

    2. 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.