The Coroner And Justice Act 2009 - Will Bring More Solutions Or Cause More Problems?

On 25 March 2010 a seminar on inquest law was held at the Cumberland Hotel

, London. There were several notable speakers, including Dr Elizabeth Gibby from the Ministry of Justice, Mr Christopher Dorries, Coroner from Yorkshire, and Counsel from Doughty Street Chambers and 3 Sergeants Inn Chambers who contributed legal updates.

The main focus of the seminar was the changes which will result from The Coroner and Justice Act 2009.

For those not familiar with it, The Coroner and Justice Act 2009 will bring new powers for coroners to ensure witnesses attend and provide any relevant documents, it also increases the number of cases in which a jury will be required as well as introducing a new system of appeals.

A summary of the Key changes to be brought in by the new Act are:

- National leadership of the Coronial service;

- Appointment of a Chief Coroner;

- Appointment of Deputy Chief Coroners;

- Appointment of a Medical Adviser to the Chief Coroner; and

- A new appeals procedure within the Coronial system.

There will be changes to administrative arrangements. These will affect practical aspects such as Coroners training, consistency of service, enhanced investigations and also allocation of work, which may mean transferring cases to reduce delays. Particularly exciting is the prospect of bringing appeals within the system rather than, as at present, having to incur the considerable risks and expense of taking judicial review proceedings to the High Court to challenge Coroners decisions. The implication is a legal hierarchy within the Coronial system that will be able to exert greater consistency of standards.

The new role of Chief Coroner will however be challenging. Funding of the system is presently by local authorities with individual Coroners having a considerable measure of independence; one of the historical strengths of their role. It remains to be seen how the Chief Coroner will be able to reconcile his overall responsibility for the system with the elements of independence built in to it from its creation.

The present timetable for implementation of the new Act is as follows:

- The Lord Chief justice to appoint the Chief Coroner in Spring 2010;

- Consultation on draft secondary legislation in 2011;

- New legislation (except for appeals) to be implemented in 2012;

- Medical examiner system introduced from 2012; and

- The new appeals system by 2013/ 2014.

The effects of these changes may be fewer inquests in total, but that those which are conducted may be pursued with an enhanced level of investigation and possibly more expeditiously too. It is often the case in an inquest that the public body will have full legal representation whilst families are left alone and unrepresented. It is currently unclear, in the context of more detailed investigations, how families would manage to pay for those increased costs or how solicitors might manage to offer pro-bono representation when the demands on preparation time and length of the hearings will be greater.

Funding is of course a major concern for the service itself; more so in the present economic climate. For families at inquests it is very difficult.

by: Sue Jarvis

POST COMMENT

3 Popular Uk/eu Payment Solutions Repas Trop Lourds Pendant Les Fêtes? Voici Des Solutions Pour Aider Votre Corps Et Vous Sentir Mieux SEO Problems and Solutions Bus Charter Solutions Curb Inlet Filter Solutions For Contractors That Are Easy To Use And Cost Effective Solutions For Green Water Problems Traditional Multi-Rate Clock Solutions Rethink Resolutions Solutions manual a necessary helping hand Need for and Significance of VDI Solutions Exploring The Hype Around Sap Solutions Test - 10 Perfect Solutions to Make a Test Accurate More Natural Solutions For Asthmatics