Coroners and Justice Act 2009: Key Provisions and Cases

Introduction

The Coroners and Justice Act 2009 (CJA 2009) reshaped both the coroner service and areas of criminal law in England and Wales. It replaced the Coroners Act 1988, created a national leadership role for coroners, reworked partial defences to murder, tightened rules on prohibited images of children, overhauled some evidence procedures, and set up a new sentencing framework.

Structured across nine parts, the Act aims for consistent standards in death investigations and clearer rules for courts and practitioners. It introduced the Chief Coroner to raise consistency, clarified how inquests are conducted, and redefined key aspects of homicide law through loss of control and a revised test for diminished responsibility. It also established the Sentencing Council, whose guidelines the courts must ordinarily follow.

What You'll Learn

• What Part 1 changed about death investigation and the role of the Chief Coroner
• How loss of control (ss.54–55) and diminished responsibility (Homicide Act 1957, s.2 as amended) now work
• The effect of s.62 on prohibited images of children and the abolition of sedition (s.73)
• How Part 3 handles investigation and witness anonymity orders
• What the Sentencing Council does, and how guidelines operate (ss.118, 120, 125)
• Practical tips for applying the Act in casework and exams
• Key cases, including R v Stewart, R v Dowds, R v Clinton, R v Asmelash and R v Brown

Core Concepts

Part 1: Reforming the Coroner Service

Part 1 modernises the law on death investigations.

• Duty to investigate (s.1): A senior coroner must investigate a death that appears violent, unnatural, of unknown cause, or occurring in custody or state detention.
• Death certification and registration: New processes streamline notification and certification, supported by secondary legislation such as the Coroners (Investigations) Regulations 2013.
• Coroner areas and appointments: The Act sets out how coroner areas are created and how coroners are appointed, helping consistency across regions.
• Chief Coroner (s.35): Provides national leadership, issues guidance, manages appeals on certain decisions, and works to standardise practice.
• Lord Chancellor guidance (s.42): Allows guidance on operational matters.
• Treasure and supplemental matters: The Act also includes provisions on treasure investigations and practical aspects of inquests.
• Prevention of future deaths: Coroners can issue reports to relevant bodies where action may reduce the risk of future deaths.

Tip: Always check the latest Chief Coroner guidance and the regulations in force for procedural detail.

Part 2, Chapter 1: Partial Defences to Murder

The Act revises the partial defences that may reduce murder to manslaughter.

• Diminished responsibility (Homicide Act 1957, s.2 as amended): The defendant must show an abnormality of mental functioning arising from a recognised medical condition, which substantially impaired the ability to understand the nature of conduct, form a rational judgment, or exercise self-control, and provides an explanation for the killing.

  • Recognised medical conditions include mental disorders and, in some cases, alcohol dependency syndrome. Voluntary intoxication alone is not enough.
  • The impairment must be substantial, not minimal.

• Loss of control (ss.54–55 CJA 2009): Replaces provocation.

  • Requirements: Loss of self-control; a qualifying trigger (fear of serious violence or things said/done of an extremely grave character causing a justifiable sense of being seriously wronged); and the reaction of a person of the same age and sex, with a normal degree of tolerance and self-restraint, in the circumstances.
  • Exclusions: Considered revenge is excluded. Sexual infidelity cannot, by itself, be a qualifying trigger, though it may be part of the context.

Part 2, Chapters 2–3: Other Criminal Law Changes

• Prohibited images of children (s.62): Creates an offence of possessing prohibited (non-photographic) images of children, addressing computer-generated or drawn images. Limited statutory defences apply.
• International crimes: Updates jurisdiction and offences related to genocide, crimes against humanity and war crimes to ensure serious conduct can be prosecuted in the UK.
• Abolition of sedition and criminal libel (s.73): Repeals outdated offences, including sedition, seditious libel, defamatory libel and obscene libel.

Part 3: Criminal Evidence, Investigations and Procedure

Part 3 introduces tools to protect witnesses and the integrity of investigations.

• Investigation anonymity orders: Available at the investigation stage (before charge) to protect identities where there is a real risk to safety and the order is necessary for the investigation.
• Witness anonymity orders: Available during proceedings, balancing fair trial rights with the need to protect witnesses at risk.
• Support for vulnerable or intimidated witnesses: Reinforces measures so that reliable evidence can be obtained without undue risk or trauma.

These provisions seek to make serious cases more workable while maintaining fairness to defendants.

Part 4: Sentencing Council and Guidelines

Part 4 creates a single body to guide sentencing practice.

• Establishment (s.118): The Sentencing Council for England and Wales replaces the old Sentencing Guidelines Council and the Sentencing Advisory Panel.
• Duty to issue guidelines (s.120): The Council publishes offence-specific and overarching guidelines.
• Following guidelines (s.125): Courts must follow relevant guidelines unless it would be contrary to the interests of justice, giving reasons for any departure.
• Other sentencing changes: For example, s.127 allows extensions of driving disqualifications in particular circumstances.

The result is greater consistency and clearer reasoning in sentencing decisions.

Parts 5–9: Miscellaneous and Supplementary

• Part 5: Includes amendments such as changes to the Domestic Violence, Crime and Victims Act 2004 and provisions linked to EU measures in force at the time.
• Part 6: Legal aid and legal services, including scope for pilot schemes and rules on damages-based agreements.
• Part 7: “Criminal memoirs” provisions, allowing the court to require offenders to forfeit benefits from publishing accounts of their crimes (exploitation proceeds orders).
• Part 8: Adjustments relating to data protection law. Some provisions were later repealed or not commenced.
• Part 9: Supplementary, transitional and repeals required to implement the Act.

Key Examples or Case Studies

• R v Stewart [2009] 1 WLR 2507

  • Key point: Alcohol dependency syndrome can amount to a recognised medical condition for diminished responsibility. The court should assess the impact of dependence on the defendant’s mental functioning.

• R v Dowds [2012] EWCA Crim 281

  • Key point: Acute voluntary intoxication alone is not a recognised medical condition for the purposes of diminished responsibility.

• R v Clinton; R v Parker; R v Evans [2012] EWCA Crim 2

  • Key point: Sexual infidelity cannot be the sole qualifying trigger for loss of control, but it can provide background context when assessing other triggers.

• R v Asmelash [2013] EWCA Crim 157

  • Key point: Intoxication is not to be factored into the objective standard when considering how a person with a normal degree of tolerance and self‑restraint would have reacted.

• R v Brown [2011] EWCA Crim 2796

  • Key point: Where diminished responsibility is made out, sentencing still reflects the gravity of the offence; the extent of impairment will influence the level of reduction.

Practical Applications

• For death investigations

  • Identify whether s.1 duty to investigate is triggered (violent/unnatural death, unknown cause, or in custody/state detention).
  • Check local coroner area arrangements and any Chief Coroner guidance relevant to the case.
  • Consider whether a report to prevent future deaths may follow an inquest and which bodies should receive it.

• For murder defences

  • Diminished responsibility: Obtain psychiatric evidence addressing recognised medical condition, substantial impairment, and causal link to the killing.
  • Loss of control: Take a detailed account of triggers, timeline, and whether the reaction was immediate or delayed; rule out revenge and reliance on sexual infidelity alone.
  • Manage intoxication issues carefully: distinguish alcohol dependence (potentially relevant) from simple voluntary intoxication (not sufficient).

• For sexual images offences

  • Advise that s.62 covers non‑photographic images; review whether any statutory defence (e.g., legitimate reason) is arguable.
  • Preserve digital evidence promptly and consider expert examination of devices.

• For evidence and procedure

  • Assess whether an investigation or witness anonymity order is necessary and proportionate; prepare clear evidence of risk and necessity.
  • Consider special measures for vulnerable witnesses and the impact on trial fairness.

• For sentencing

  • Identify applicable Sentencing Council guidelines; prepare a structured mitigation or aggravation analysis aligned to guideline factors.
  • If inviting departure from a guideline, prepare cogent reasons consistent with s.125.

• For older common law offences

  • Remember that sedition, seditious libel and criminal libel are abolished (s.73). Check modern statutory routes instead.

Summary Checklist

• Know the s.1 duty and when an inquest must be opened
• Understand the Chief Coroner’s role and where to find guidance
• Apply the amended s.2 diminished responsibility test with medical evidence
• Apply loss of control (ss.54–55): qualifying triggers, exclusions, and objective test
• Treat intoxication carefully: ADS may assist; voluntary intoxication alone does not
• Use investigation and witness anonymity orders only where strictly necessary
• Follow Sentencing Council guidelines (ss.120, 125) and justify any departure
• Be aware of s.62 prohibited images and s.73 abolition of sedition/libel offences
• Check Parts 5–9 for legal aid, data protection, EU-linked provisions, and proceeds of crime from crime stories

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