Coroners and Justice Act 2009

Inquests E+W

6 Duty to hold inquest E+W

A senior coroner who conducts an investigation under this Part into a person's death must (as part of the investigation) hold an inquest into the death.

This is subject to section 4(3)(a).

Commencement Information

I1 S. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

7 Whether jury required E+W

(1) An inquest into a death must be held without a jury unless subsection (2) or (3) applies.

(2) An inquest into a death must be held with a jury if the senior coroner has reason to suspect—

(a) that the deceased died while in custody or otherwise in state detention, and that either—

(i) the death was a violent or unnatural one, or

(ii) the cause of death is unknown,

(b) that the death resulted from an act or omission of—

(i) a police officer, or

(ii) a member of a service police force,

in the purported execution of the officer's or member's duty as such, or

(c) that the death was caused by a notifiable accident, poisoning or disease.

(3) An inquest into a death may be held with a jury if the senior coroner thinks that there is sufficient reason for doing so.

(4) For the purposes of subsection (2)(c) an accident, poisoning or disease is “notifiable” if notice of it is required under any Act to be given—

(a) to a government department,

(b) to an inspector or other officer of a government department, or

(c) to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37).

Commencement Information

I2 S. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

8 Assembling a jury E+W

(1) The jury at an inquest (where there is a jury) is to consist of seven, eight, nine, ten or eleven persons.

(2) For the purpose of summoning a jury, a senior coroner may summon persons (whether within or without the coroner area for which that coroner is appointed) to attend at the time and place stated in the summons.

(3) Once assembled, the members of a jury are to be sworn by or before the coroner to inquire into the death of the deceased and to give a true determination according to the evidence.

(4) Only a person who is qualified to serve as a juror in the Crown Court, the High Court and the [F1 county court], under section 1 of the Juries Act 1974 (c. 23), is qualified to serve as a juror at an inquest.

(5) The senior coroner may put to a person summoned under this section any questions that appear necessary to establish whether or not the person is qualified to serve as a juror at an inquest.

Textual Amendments

F1 Words in s. 8(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 73; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I3 S. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

9 Determinations and findings by jury E+W

(1) Subject to subsection (2), a determination or finding that a jury is required to make under section 10(1) must be unanimous.

(2) A determination or finding need not be unanimous if—

(a) only one or two of the jury do not agree on it, and

(b) the jury has deliberated for a period of time that the senior coroner thinks reasonable in view of the nature and complexity of the case.

Before accepting a determination or finding not agreed on by all the members of the jury, the coroner must require one of them to announce publicly how many agreed and how many did not.

(3) If the members of the jury, or the number of members required by subsection (2)(a), do not agree on a determination or finding, the coroner may discharge the jury and another one may be summoned in its place.

Commencement Information

I4 S. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)