Lord Laird – 2015 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Lord Laird on 2015-10-28.

To ask Her Majesty’s Government under what circumstances a coroner’s investigation and court hearing is not necessary in the case of a sudden death.

Lord Faulks

Sudden deaths are always investigated by coroners in England and Wales.

Under the Coroners and Justice Act 2009 the coroner has a duty to investigate a death that is reported to him or her if it appears that the death was violent or unnatural, the cause of the death is unknown, or the person died in state detention. If the investigation does not disclose the cause of death, indicates that the death was unnatural, or the coroner considers that there is good reason to continue the investigation, he or she has a duty to hold an inquest.

Where someone is to be prosecuted for causing a death, the coroner’s investigation must be suspended and any inquest adjourned, until the criminal trial is over. The coroner may only resume the investigation after the trial if he or she considers there is sufficient reason for doing so. The coroner must also suspend an investigation where an inquiry under the Inquiries Act 2005 is to be held into the death. Again, the coroner may only resume the investigation after the inquiry has reported if he or she considers there is sufficient reason for doing so.