Key Legislation

The statutes and regulations governing inquests in England and Wales

The coronial system in England and Wales is governed by primary legislation (Acts of Parliament), secondary legislation (statutory instruments), and the Human Rights Act 1998. The following are the most important statutes and instruments for understanding when an inquest must be held, how the process works, and what powers the coroner has.

Coroners and Justice Act 2009

The primary legislation governing the coronial system in England and Wales. Part 1 deals with coroners, investigations, and inquests. Section 1 establishes the duty to investigate certain deaths (violent or unnatural death, cause unknown, death in custody or state detention). Section 5 sets out the purpose of an investigation: to ascertain who the deceased was, and how, when, and where they came by their death. Section 6 requires an inquest as part of the investigation. Section 7 specifies when a jury must be summoned. Section 10 prohibits conclusions that appear to determine criminal or civil liability. Section 47 defines interested persons.

Coroners (Investigations) Regulations 2013 (SI 2013/1629)

Secondary legislation made under the Coroners and Justice Act 2009. Sets out the detailed rules governing coronial investigations. Regulation 28 is the most significant provision: it imposes a duty on the coroner to make a report to a person, organisation, or public body where the coroner believes that action should be taken to prevent future deaths (Prevention of Future Deaths reports). The recipient must respond within 56 days. Regulation 28 reports and responses are published by the Chief Coroner.

Coroners (Inquests) Rules 2013 (SI 2013/1616)

Sets out the procedural rules for inquest hearings. Covers the summoning and swearing of jurors, the examination of witnesses, the admission of documentary evidence, the recording of conclusions, and the form of the Record of Inquest. Provides rules on the conduct of the hearing, including the order of proceedings and the rights of interested persons to question witnesses.

Human Rights Act 1998

Incorporates the European Convention on Human Rights into domestic law. Article 2 (the right to life) is the most significant provision for inquest law. It imposes a substantive duty on the state to protect life and a procedural obligation to conduct an effective, independent investigation into deaths that may have resulted from state action or a failure to protect life. Article 2 inquests have a wider scope than standard inquests, examining the circumstances in which the death occurred and any systemic failures.

Births and Deaths Registration Act 1953

Governs the registration of births and deaths in England and Wales. When a death is reported to a coroner, the registrar may not register the death until the coroner has concluded the investigation or notified the registrar that no inquest is necessary. Section 22 allows the coroner to provide information to the registrar for registration purposes, including issuing an interim certificate of the fact of death before the inquest is concluded.

Treasure Act 1996

Establishes the legal framework for treasure finds in England and Wales. Coroners have jurisdiction over treasure under this Act: where an object that may be treasure is found, the finder must notify the coroner within 14 days. The coroner holds a treasure inquest to determine whether the find constitutes treasure (broadly, objects more than 300 years old with a gold or silver content of at least 10%). If the object is treasure, it vests in the Crown, and the finder and landowner may be entitled to a reward.

Corporate Manslaughter and Corporate Homicide Act 2007

Creates the offence of corporate manslaughter (corporate homicide in Scotland). An organisation is guilty of the offence if the way in which its activities are managed or organised by its senior management amounts to a gross breach of a duty of care owed to the deceased, and causes the death. This Act is relevant to inquests because a conclusion of unlawful killing at an inquest may prompt a corporate manslaughter investigation, and the factual findings of the inquest may inform any subsequent prosecution.

Health and Safety at Work etc. Act 1974

Imposes duties on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees (s.2) and of persons not in their employment who may be affected by their activities (s.3). Many deaths investigated by coroners involve workplace incidents. The Health and Safety Executive (HSE) may investigate alongside the coroner, and inquest findings may inform HSE enforcement action. Regulation 28 reports frequently address workplace safety failings.

Mental Health Act 1983

Provides the legal framework for the compulsory admission, detention, and treatment of persons with mental disorders. Deaths of patients detained under the Act (whether in psychiatric hospitals, secure units, or the community under a community treatment order) trigger the coroner's duty to investigate under section 1(2)(c) of the Coroners and Justice Act 2009 (death in state detention). These inquests must be held with a jury.

Coroners and Justice Act 2009, Part 1 (Coroners etc)

Part 1 of the 2009 Act restructured the entire coronial system. It replaced the Coroners Act 1988, created the office of Chief Coroner, established the framework for coroner areas, and set out the qualifications and appointment of coroners. Chapter 1 covers investigations and the duty to investigate. Chapter 2 deals with notification and certification. Chapter 3 covers coroner areas and appointments. Chapter 4 provides supplementary provisions including powers to enter premises, seize documents, and require witnesses to attend.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Fundamentally restructured legal aid in England and Wales. Removed most inquests from the scope of legal aid funding. Section 10 provides for exceptional case funding where the failure to provide legal aid would breach Convention rights or EU law. In practice, this is the primary route through which bereaved families in Article 2 inquests obtain legal aid. Non-Article 2 inquests are generally outside the scope of funded legal representation.

Inquiries Act 2005

Provides the statutory framework for public inquiries in England and Wales. Relevant to inquest law because an inquest may be suspended under paragraph 1 of Schedule 1 to the Coroners and Justice Act 2009 if a public inquiry is established under this Act to investigate the same death or deaths. Public inquiries have broader powers than inquests (including the power to compel the production of documents and to take evidence on oath) and may be used for large-scale incidents or systemic failures.

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