Access to Justice Act 1999: Commencement Order No. 2
The Coroners (Admendment) Rules 1999

HM Coroner
Chief Executives, relevant County Councils, London Borough Councils, Unitary Authorities and the Common Council of London

This circular provides information for coroners and their Councils about amendments to coroner legislation concerning rights of audience before the coroners’ courts, inquests following a disaster, and updates to the Coroners Rules 1984.

Inquests following a disaster

In March 1997, the report of the Interdepartmental Working Group on Disasters and Inquests was published. This recommended that, where a fatal disaster occurred and a public inquiry chaired by a judge was established to inquire into the facts surrounding the events, provision should be made to disapply the need for an inquest if the inquiry was likely to establish adequately the cause of the deaths arising from the disaster.

This recommendation was accepted by the Government and provision to implement it was included in the Access to Justice Act 1999. Section 71 of that Act (a copy of which is reproduced at Annex A) introduced a new section into the Coroners Act 1988 (section 17A). This new provision generally requires a coroner to adjourn an inquest where he is informed by the Lord Chancellor that a public inquiry, chaired by a judge, is to be held into the events surrounding the death, and that the inquiry is likely to constitute sufficient investigation into the death concerned. The coroner is able to resume the inquiry in due course, but only if he or she considers that there is exceptional reason to do so, and only after the conclusion of the public inquiry.

The new section also makes various consequential provisions. These include the need for the coroner, on adjourning the inquest, to send the registrar of Births and Deaths the relevant details required for the registration of the death (to the extent that they have been ascertained at the time) and for the Lord Chancellor to send the coroner the findings of the public inquiry as soon as reasonably practicable after they have been published. The coroner is also required to send the registrar of Births and Deaths a certificate to state the findings of the public inquiry in respect of the deaths if, as will normally be the case, the inquest is not resumed on completion of the public inquiry.

If a coroner decides, exceptionally, to resume the inquest, he may not do so for 28 days after the publication of the findings of the public inquiry or, if the Lord Chancellor so notifies the coroner, for 28 days after the conclusion of the public inquiry. Where the inquest is resumed, there will be no obligation on the coroner to summon a jury, although there will be a discretion to do so. If a jury is summoned, the inquest must proceed as it if were a fresh inquest.

Section 71 of the Access to Justice Act 1999 is brought into force from 1 January 2000 by Commencement Order No.2. The amendment to the Coroners Act 1988 gives rise to a need for a small number of consequential amendments to the Coroners Rules 1984. Accordingly, the Coroners (Amendment) Rules 1999 have been made (a copy is enclosed) which also come into force on 1 January 2000. So far as the disaster provisions are concerned, the Amendment Rules make the following key amendments:

• Rule 33(1) is amended so as to require notification to be given to relevant persons where an inquest has been adjourned under the new section 17A;

• A new Rule 37A is inserted to set out how the findings of the public inquiry may be admitted in evidence at an inquest which has been resumed following the public inquiry; and

• An additional conclusion is suggested within the notes to the statutory inquisition form (Form 22) to the effect that the deceased died in the named disaster which was the subject of a public inquiry.

Chief Executives of relevant Councils will wish to note that the effect of these provisions is likely to be a marginal reduction in costs for the coroner service if inquests following disasters are avoided.

Rights of Audience

In April 1998, following approval by the Lord Chancellor and the designated judges, and both House of Parliament, an Order in Council was made designating the Institute of Legal Executives as an authorised body for the purposes of the Courts and Legal Services Act 1990. This has the effect of enabling suitably qualified Fellows of the Institute to be granted the right of audience in proceedings before certain Tribunals and courts, including the coroner’s court. Since the existing Coroners Rules 1984 restrict rights of audience to counsel or solicitor only, the opportunity has been taken within the Coroners (Amendment) Rules 1999 to amend Rule 20(1) so as to provide for representation by any authorised advocate as defined by section 119(1) of the Courts and Legal Services Act 1990. It is expected that legal executives qualified to represent clients before the coroners’ courts will become available during 2000.

Other changes

The opportunity has been taken to update certain references within the Coroners Rules 1984 to repealed coroner legislation and other amended legislation.

Additional copies of this circular and enclosures are enclosed for coroners’ deputies and assistant deputies.

R EVANS
Head of Unit