Coroners and Justice Act 2009

Summary

The Coroners and Justice Act 2009 made wide-ranging reforms to the coroner system, homicide law, and sentencing. It reformed the partial defences to murder (loss of control replacing provocation, and diminished responsibility), created the office of Chief Coroner, reformed the law on anonymous witness orders, and introduced sentencing guidelines machinery.

Key Points

• Abolished provocation and replaced it with loss of control (ss.54-56)
• Reformed diminished responsibility to require a 'recognised medical condition' (s.52)
• Created the office of Chief Coroner to oversee the coroner system
• Introduced investigation and inquest reforms for coroners
• Established the Sentencing Council for England and Wales
• Reformed witness anonymity orders
• Created offences of holding someone in slavery or servitude and forced labour
• Chief Coroner established
• Duty to investigate violent, unnatural, or custodial deaths
• Prevention of Future Deaths reports
• Article 2 enhanced investigations
• Loss of control (s.54–56) — Replaced provocation as a partial defence to murder. Requires loss of self-control, a qualifying trigger (fear of violence or circumstances of an extremely grave character giving a justifiable sense of being seriously wronged), and that a person of the same sex and age with a normal degree of tolerance might have reacted in the same way
• Diminished responsibility reformed (s.52) — Amended s.2 of the Homicide Act 1957 to require an 'abnormality of mental functioning' arising from a recognised medical condition
• Coroner reform — Established the Chief Coroner and modernised the coroner service
• Sentencing guidelines — Created the Sentencing Council for England and Wales
• Witness anonymity — Provided statutory framework for witness anonymity orders

Parts & Sections

Amendments History

Frequently asked questions

What replaced provocation as a defence to murder?

The Coroners and Justice Act 2009 replaced the old partial defence of provocation with loss of control. To rely on this defence, a person must show they lost self-control due to a qualifying trigger, such as fear of violence or circumstances causing a justifiable sense of being seriously wronged. Additionally, the law requires that a person of the same sex and age with a normal degree of tolerance might have reacted in the same way.

How did the Act change the defence of diminished responsibility?

The Act reformed the law on diminished responsibility by amending the Homicide Act 1957. It now requires the defendant to prove an abnormality of mental functioning that arises from a recognised medical condition. This change ensures that the defence is based on a specific, medically acknowledged condition rather than a broader, less defined mental state.

When must a coroner investigate a death?

A senior coroner must conduct an investigation if a death was violent or unnatural, if the cause of death is unknown, or if the person died in custody. The investigation is required to ascertain who the deceased was, and how, when, and where they came by their death. This duty applies to bodies within the coroner's area.

What role does the Chief Coroner play?

The Act established the office of the Chief Coroner to oversee and modernise the coroner service in England and Wales. It also introduced reforms to investigations and inquests, including provisions for Prevention of Future Deaths reports and enhanced investigations under Article 2. These changes aimed to improve the efficiency and accountability of the coroner system.

What did the Act do regarding sentencing guidelines?

The Act created the Sentencing Council for England and Wales to provide a statutory framework for sentencing guidelines. It also introduced machinery to support these guidelines, aiming to ensure consistency and transparency in how sentences are determined across the criminal justice system.

Did the Act create any new offences related to slavery or witness protection?

The Act introduced new criminal offences for holding someone in slavery or servitude and for forced labour. It also reformed the law on witness anonymity orders, providing a statutory framework for when such orders can be issued to protect witnesses in criminal proceedings.