Schedules
Schedule 1Duty or power to suspend or resume investigations
Part 2Resumption of investigations
Resumption of investigation suspended under paragraph 2
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1
An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it.
2
Subject to sub-paragraph (3)—
a
an investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;
b
an investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.
3
The investigation may be resumed while the proceedings in question are continuing if—
a
in the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;
b
in the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.
4
For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—
a
in the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;
b
in the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.
5
In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—
a
the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;
b
any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.