Coroners and Justice Act 2009

Valid from 25/07/2013

Investigation by judge, former judge or former coroner E+W

3 (1) If requested to do so by the Chief Coroner, the Lord Chief Justice may nominate a person within sub-paragraph (2) to conduct an investigation into a person's death. E+W

(2) A person is within this sub-paragraph if at the time of the nomination he or she is—

(a) a judge of the High Court,

(b) a Circuit judge, or

(c) a person who has held office as a judge of the Court of Appeal or of the High Court (but no longer does so),

and is under the age of 75.

(3) The Chief Coroner may request a person who at the time of the request—

(a) has held office as a senior coroner (but no longer does so), and

(b) is under the age of 75,

to conduct an investigation into a person's death.

(4) If a person nominated or requested under this paragraph agrees to conduct the investigation—

(a) that person is under a duty to do so;

(b) that person has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;

(c) no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.

(5) Accordingly a reference in a statutory provision (whenever made) to a coroner is to be read, where appropriate, as including a person who has been nominated or requested under this paragraph to conduct an investigation and has agreed to do so.

(6) The Lord Chief Justice must consult the Lord Chancellor before making a nomination under this paragraph.