Chief Coroner’s Guidance for Coroners on the Bench

The Chief Coroner, HHJ Alexia Durran, has launched the Chief Coroner’s Guidance for Coroners on the Bench, to be referred to as ‘the Bench Guidance’. It is the result of a project which started in 2019 involving previous Chief Coroners and a team of experienced coroners and lawyers.

This helpful resource has been produced for coroners to help them locate key principles, practical information and precedents when dealing with inquests. It has been issued to promote consistency and encourage best practice. Clearly, it will be important for inquest practitioners to familiarise themselves with this new guidance. 

It is not legally binding but holds the same status as the Chief Coroner’s existing Guidance Notes and Law Sheets. It is a “live” document which will be regularly reviewed, so practitioners should refer back to the up-to-date online version rather than printing or saving a local copy. 

Within the Bench Guidance, there are chapters which include, update and expand upon previous Chief Coroner’s Guidance Notes. Some of the earlier Guidance Notes have been withdrawn. Guidance Notes 2, 4, 5, 8, 9, 10, 11, 12, 17, 21, 22, 25, 27, 29, 40, 41, 42 and 44 have all been incorporated into the Bench Guidance.

Until the remaining Guidance Notes are withdrawn or updated, there may be inconsistencies between them and some aspects of the Bench Guidance. Where such inconsistencies exist, the Bench Guidance will prevail.

One notable new addition within the Pre-Inquest Review Hearings section is that any written submission or application of substance made to a Coroner should be served upon other Interested Parties at the same time, to ensure consistency with the principle of open justice. 

Current chapters are as follows but these will be added to (including a promised chapter on Article 2):

• Opening the Inquest
• Interested Persons
• Pre-inquest review hearings
• Documentary inquests and inquests in writing
• The Inquest Hearing
• Remote hearings
• Scope of the inquest
• Open Justice
• Anonymity of witnesses and reporting restrictions
• Contempt of Court
• Jury inquests
• Disclosure of documents
• Witnesses
• Expert evidence
• Conclusions
• Reports to prevent future deaths (PFDs)
• Overturning inquests
• Counsel to the inquest

For more information, please contact Claire Leonard.