Coroners and Justice Act 2009

Suspension where certain criminal proceedings are brought

2 (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).