My Lords, Schedule 1 provides for the suspension of a coroner’s investigation. It allows for coroners to continue their investigation if they consider there to be exceptional reasons to do so when there is an ongoing criminal investigation. The amendment would lower this threshold to having a good reason not to suspend the investigation.
As the Government stated in Committee, we must begin with the proposition that it is appropriate for the coroner to suspend his or her investigation if a person is charged with a serious offence connected to the death. Otherwise, the coroner’s investigation could duplicate a criminal inquiry and possibly even impede or lengthen it. In addition, the "exceptional" threshold is the right one, considering that the relevant offence is a homicide offence, a service equivalent, or an offence related to the death in some other way. However, even though the coroner’s investigation may be suspended, matters relating to the post-mortem and the release of the body of the deceased person to families may still be dealt with by the coroner.
Schedule 1 also provides for the prosecuting authority to indicate to the coroner that it has no objection to the continuing investigation. However, coroners are very aware of the importance of criminal proceedings, particularly as part of the bereaved family seeing that justice is done, and will rarely want to continue an investigation in these circumstances. This might be another area in which the chief coroner issues guidance to cover the rare cases in which a coroner’s investigation should continue.
I hope, given this explanation, that the noble Lord, Lord Alderdice, will feel able to withdraw his amendment.
Coroners and Justice Bill
Proceeding contribution from
Lord Tunnicliffe
(Labour)
in the House of Lords on Wednesday, 21 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
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Reference
713 c755 
Session
2008-09
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