Moved by
Baroness Chakrabarti
40: Clause 38, page 53, line 12, at end insert—
“(4) After subsection (2), insert—
“(2A) The coroner is not to decide that the investigation should be discontinued unless—
(a) the coroner is satisfied that no outstanding evidence that is relevant to the death is available,
(b) the coroner has considered whether Article 2 of the European Convention on Human Rights is engaged and is satisfied that it is not,
(c) there are no ongoing investigations by public bodies into the death,
(d) the coroner has invited and considered representations from any interested person known to the coroner named at section 47(2)(a) or (b) of this Act (“interested person”), and
(e) all interested persons known to the coroner named at section 47(2)(a) or (b) of this Act consent to discontinuation of the investigation.
(2B) If a coroner is satisfied that subsection (1) applies, and has complied with the provisions at subsection (2A)(a) to (d), prior to discontinuing the investigation, the coroner must—
(a) inform each interested person known to the coroner named at section 47(2)(a) or (b) of this Act of the coroner’s intended decision and provide a written explanation as to the reasons for this intended decision,
(b) explain to each interested person known to the coroner named at section 47(2)(a) or (b) of this Act that the investigation may only be discontinued if all such interested persons consent, and
(c) invite each interested person known to the coroner named at section 47(2)(a) or (b) of this Act to consent to the discontinuation of the investigation.””
Member’s explanatory statement
This amendment would ensure that certain safeguards are met before a coroner can discontinue an investigation into a death and that family members and personal representatives of the deceased are provided with the coroner’s provisional reasons for why the coroner considers that the investigation should be discontinued, helping ensure that family members make an informed decision as to whether to consent to the discontinuation.