Schedules

Schedule 10Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

Investigation by judge, former judge or former coroner

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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.

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.