Introduction
The Coroners and Justice Act 2009 represents a significant piece of legislation in the legal framework of England and Wales. This Act is a multifaceted law that addresses a range of issues, primarily focusing on reforms within the coronial system and modifications to various aspects of criminal law and procedure. The Act is structured into nine distinct parts, each targeting specific areas for reform and improvement. At its core, the Act intends to establish a more efficient, transparent, and responsive justice system. This includes both the processes surrounding death investigations and the handling of criminal cases. The Act replaces the Coroners Act 1988 and introduces revised procedures for death certification and registration. It establishes the role of a Chief Coroner to provide national leadership and set standards for all coroners, enhancing consistency within the system. Moreover, the Act modifies criminal law, focusing significantly on partial defenses to murder, such as diminished responsibility and loss of control, while introducing measures related to child pornography and sentencing guidelines.
Reforming the Coronial System: Part 1 of the Act
Part 1 of the Coroners and Justice Act 2009 is primarily concerned with reforming the law governing the investigation of deaths. This section replaces the outdated Coroners Act 1988, introducing substantial changes to the operational procedures of the coroner service. A core element is the establishment of a general duty on the senior coroner to investigate deaths that fall within their jurisdiction. This duty is detailed in section 1 of the Act. Chapter 2 provides guidelines for the notification, certification, and registration of deaths, streamlining a process that previously was often considered cumbersome. Further, Chapter 3 addresses the appointment of coroners and the delineation of coroner areas, aiming to ensure more consistent application of the law across different regions. The Act outlines procedures for investigations involving treasure finds in Chapter 4, and Chapter 5 incorporates supplemental provisions regarding investigations and deaths. Chapter 6 focuses on the appointment of the Chief Coroner and Deputy Chief Coroners (section 35) who have the authority to set standards and preside over appeals to enhance the service. The Lord Chancellor is also empowered under section 42 to issue guidance for the operation of the coroner system. Such regulations, for example, the Coroners (Investigations) Regulations 2013, address aspects like maintaining a register of reported deaths.
Partial Defenses to Murder: Part 2, Chapter 1
A substantial alteration to criminal law is found within Part 2, Chapter 1, of the Coroners and Justice Act 2009. This part revises the partial defenses available to a charge of murder, specifically addressing the defenses of diminished responsibility and loss of control. These changes stem from the 2004 Law Commission report on Partial Defences. The defense of diminished responsibility, which reduces a charge of murder to manslaughter, is defined under s.2 of the Homicide Act 1957 as amended by the Act. It requires proof that the defendant suffered from an abnormality of mental functioning arising from a recognized medical condition that substantially impaired their ability to understand the nature of their conduct, form a rational judgment, or exercise self-control. For example, in R v Stewart [2009] 1 WLR 2507, the Court clarified the relationship between voluntary intoxication and diminished responsibility, noting that alcohol dependency syndrome can be a factor when determining impairment. However, in R v Dowds [2012] EWCA Crim 281, the court ruled that voluntary intoxication alone does not constitute a “recognized medical condition” under the Act. The loss of control defense, as outlined in ss. 54 and 55 of the Act, replaces the previous defense of provocation. This requires evidence of a loss of control with a qualifying trigger and that a person of the same sex and age with a normal degree of self-restraint might have reacted in a similar way. The case of R v Clinton [2012] EWCA Crim 2 illustrates that while sexual infidelity cannot be a sole qualifying trigger, it can form the context for evaluating other qualifying triggers.
Further Criminal Law Amendments: Part 2, Chapters 2 and 3
Part 2 of the Coroners and Justice Act 2009 extends beyond partial defenses, including modifications to other aspects of criminal law within Chapters 2 and 3. Chapter 2 addresses the possession of indecent images of children. Section 62 criminalizes possession of such content, reflecting growing societal concerns regarding child protection. Chapter 3 introduces alterations to the law surrounding serious international crimes including genocide and crimes against humanity. These sections ensure that the legal framework is robust in addressing extreme violations of international law. Significantly, section 73 abolishes offences of sedition, seditious libel, defamatory libel and obscene libel, removing these antiquated offenses from the statute books.
Criminal Evidence and Procedures: Part 3 of the Act
Part 3 of the Coroners and Justice Act 2009 concentrates on issues related to criminal evidence, investigations and procedures. This includes the implementation of investigation anonymity orders, a mechanism designed to protect individuals involved in sensitive cases. It also introduces measures to protect vulnerable and intimidated witnesses, acknowledging the importance of witness well-being within the legal process. Such provisions aim to bolster the reliability of the evidence presented and contribute to a more fair legal system by safeguarding those involved. These procedural modifications seek to improve the administration of justice in complex cases.
Sentencing Council and Guidelines: Part 4 of the Act
Part 4 of the Coroners and Justice Act 2009 establishes the Sentencing Council and the Sentencing Advisory Panel. The Sentencing Council is given the crucial responsibility of publishing sentencing guidelines, which courts are expected to follow. Section 120 states that this body is responsible for issuing these sentencing guidelines, and section 125 establishes that these guidelines must be followed by courts during the sentencing process. This process aims to introduce consistency in sentencing practices, reducing disparities and promoting fairness across the judicial system. For example, in R v Brown [2011] EWCA Crim 2796, the Court considered the impact of diminished responsibility on sentencing, illustrating that whilst it may be a mitigating circumstance, the substantiality of the responsibility also impacts the judgment. Chapter 2 of Part 4 includes other alterations relating to sentencing, including section 127 which allows for the extension of driving disqualifications in certain circumstances. These alterations are designed to align sentencing with the severity of the offense.
Miscellaneous Provisions: Parts 5-9 of the Act
Parts 5 through 9 of the Coroners and Justice Act 2009 contain a range of provisions addressing assorted areas of law and procedure. Part 5 incorporates a wide variety of matters including amendments to the Domestic Violence, Crime and Victims Act 2004. It also makes provisions for implementing the EU E-Commerce and Services directives along with amendments to criminal procedure to align with European Union Framework Decision 2008/675/JHA. Part 6 concerns legal aid and other legal service payments, allowing for pilot schemes related to civil legal aid and the enforceability of damages based agreements between solicitors and clients. Part 7 introduces a scheme where offenders can be made to forfeit benefits derived from providing accounts of their crimes to the media. Part 8 involves changes to the Data Protection Act 1998. Finally, Part 9 contains supplementary and repealing provisions necessary for the implementation of the Act.
Conclusion
The Coroners and Justice Act 2009 is a broad piece of legislation that significantly alters both the coroner system and criminal law in England and Wales. It introduces a reformed framework for investigating deaths, ensuring better accountability and efficiency within the coroner service. The Act refines the defenses available to murder charges, including loss of control and diminished responsibility, as defined in s.2 of the Homicide Act 1957 and amended by the Act. Moreover, it establishes the Sentencing Council and introduces more stringent rules regarding sentencing guidelines, promoting greater consistency. As illustrated by cases such as R v Asmelash [2013] 1 Cr App R 33, the legal implications of the Act continue to be interpreted, and applied in the courts. The Act is intended to provide a more transparent and just legal process for both those directly impacted by death or those accused of crimes in England and Wales.
