Coroners and Justice Act 2009

Power to require evidence to be given or produced E+W

1 (1) A senior coroner may by notice require a person to attend at a time and place stated in the notice and— E+W

(a) to give evidence at an inquest,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to an inquest, or

(c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to an inquest.

(2) A senior coroner who is conducting an investigation under this Part may by notice require a person, within such period as the senior coroner thinks reasonable—

(a) to provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation, or

(c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation.

(3) A notice under sub-paragraph (1) or (2) must—

(a) explain the possible consequences, under paragraphs 6 and 7 of Schedule 6, of not complying with the notice;

(b) indicate what the recipient of the notice should do if he or she wishes to make a claim under sub-paragraph (4).

(4) A claim by a person that—

(a) he or she is unable to comply with a notice under this paragraph, or

(b) it is not reasonable in all the circumstances to require him or her to comply with such a notice,

is to be determined by the senior coroner, who may revoke or vary the notice on that ground.

(5) In deciding whether to revoke or vary a notice on the ground mentioned in sub-paragraph (4)(b), the senior coroner must consider the public interest in the information in question being obtained for the purposes of the inquest or investigation, having regard to the likely importance of the information.

(6) For the purposes of this paragraph a document or thing is under a person's control if it is in the person's possession or if he or she has a right to possession of it.

(7) The validity of a notice under sub-paragraph (1) or (2) is not limited to the coroner area for which the senior coroner issuing the notice is appointed.

(8) A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

Commencement Information

I1 Sch. 5 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)

2 (1) A person may not be required to give, produce or provide any evidence or document under paragraph 1 if— E+W

(a) he or she could not be required to do so in civil proceedings in a court in England and Wales, or

(b) the requirement would be incompatible with a [F1 EU] obligation.

(2) The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an investigation or inquest under this Part as they apply in relation to civil proceedings in a court in England and Wales.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)(5))

Commencement Information

I2 Sch. 5 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)