Coroners and Justice Act 2009

40 Appeals to the Chief Coroner

(1) An interested person may appeal to the Chief Coroner against a decision made by a senior coroner that falls within subsection (2).

(2) The decisions that fall within this subsection are—

(a) a decision whether to conduct an investigation under this Part into a person’s death;

(b) a decision whether to discontinue an investigation under section 4;

(c) a decision whether to resume, under Part 2 of Schedule 1, an investigation suspended under Part 1 of that Schedule;

(d) a decision not to request a post-mortem examination under section 14;

(e) a decision to request a post-mortem examination under that section of a body that has already been the subject of a post-mortem examination, unless the decision is to request an examination of a different kind from the one already carried out;

(f) a decision to give a notice under paragraph 1 of Schedule 5;

(g) a decision whether there should be a jury at an inquest;

(h) a decision whether to exercise a power conferred by virtue of section 45(3)(a) to exclude persons from all or part of an inquest;

(i) a decision embodied in a determination as to the questions mentioned in section 5(1)(a) and (b) (read with section 5(2) where applicable);

(j) a decision embodied in a finding as to the particulars required by the 1953 Act to be registered concerning a death.

(3) An interested person may appeal to the Chief Coroner against a decision made by the Coroner for Treasure (or an Assistant Coroner for Treasure) in connection with—

(a) an object that is or may be treasure or treasure trove, or

(b) an investigation or inquest under Chapter 4 concerning such an object,

including a decision embodied in the determination of a question mentioned in section 26(5)(a) or (b).

(4) An interested person may appeal to the Chief Coroner against a failure to make—

(a) a decision that falls within subsection (2), or

(b) a decision of a kind mentioned in subsection (3).

(5) A person who the coroner decides is not an interested person may appeal to the Chief Coroner against that decision.

(6) The Lord Chancellor may by order amend subsection (2).

(7) On an appeal under this section the Chief Coroner may consider evidence about any matter that appears to be relevant to the substance of the decision, determination or finding, including evidence that concerns a matter arising after the date of the decision, determination or finding.

(8) On an appeal under this section the Chief Coroner may, if the appeal is allowed, do one or more of the following—

(a) in the case of an appeal against a decision embodied in a determination or finding—

(i) amend the determination or finding, or

(ii) quash the determination or finding and order a fresh investigation under this Part;

(b) in the case of an appeal against a decision not embodied in a determination or finding—

(i) substitute any other decision that could have been made, or

(ii) quash the decision and remit the matter for a fresh decision;

(c) in the case of an appeal against a failure to make a decision—

(i) make any decision that could have been made, or

(ii) remit the matter for a decision to be made;

(d) make any order (including an order as to costs) that the Chief Coroner thinks appropriate.

(9) A party to an appeal under this section may appeal on a question of law to the Court of Appeal from a decision of the Chief Coroner.

(10) On an appeal under subsection (9) the Court of Appeal may—

(a) affirm the decision;

(b) substitute for the decision any decision that the Chief Coroner could have made;

(c) quash the decision and remit the matter to the Chief Coroner for a fresh decision.