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Coroners and Justice Act Becomes Law
Added 03/12/2009
Better protection for witnesses during criminal investigations, more consistency in sentencing and modernisation of the coroners system were part of new laws that came into force last month.
The Coroners and Justice Act 2009 has been designed to deliver a more responsive justice system for victims, witnesses and the wider public, and place bereaved families at the heart of the coroner service.
In the court room
The new Act promises to:
- Establish a new Sentencing Council for England and Wales, with a strengthened remit to promote consistency and predictability in sentencing
- Reform the outdated partial defence of provocation and replace it with a new partial defence of 'loss of control'.
- Prevent criminals from profiting from publications about their crimes through a new civil scheme
- Extend the use of 'special measures' such as live video links and screens around the witness box, allowing vulnerable and intimidated witnesses give their best evidence during criminal proceedings
- Allow the courts to continue to grant anonymity to vulnerable or intimidated witnesses where this is consistent with a defendant's right to a fair trial
Changes to Coroners’ Courts
The Act introduces the first major reforms in over a century for the coroner system, creating a new framework for England and Wales. The Act brings more consistent inspection and quality standards will be established and new rights of appeal for bereaved families who are unhappy with a coroner's decision are to be incorporated.
A new Chief Coroner will provide national leadership to the new service reducing delays and improving the quality of investigations and inquests through enhanced powers and guidance for coroners.
To prevent backlogs, which can be upsetting for the bereaved, investigations can now be transferred from one coroner area to another. Knowledge gained from every death investigation will be applied more effectively for the prevention of further avoidable death and injury.