Alternative offences, set out below, provide for their own definition of what an “explosive” (or other prohibited article) is. Expert evidence In Maughan, R (on the application of)v Her Majesty's Senior Coroner for Oxfordshire [2020] UKSC 46 (13 November 2020) the Supreme Court clarified that the standard of proof for suicide and unlawful killing in an inquest is the civil standard of the balance of probabilities and not the criminal standard of beyond reasonable doubt. Explosives-related offending which may be terrorist in nature should be considered in conjunction with Counter Terrorism Division: see the Referrals, Approvals and Notifications prosecution guidance. Explosives-related incidents which are being investigated by the Health and Safety Executive should consider the Relationships with Other Prosecuting Authorities prosecution guidance. Evidential considerations Top tip. When approaching traffic lights, slow down at amber, don't put your foot down and there's less chance of you breaking this one.

This approach reduces the number of cases which may eventually lead to a verdict of unlawful killing in a coroner’s court although some notable exceptions include: Boxtree published a tie-in book featuring 11 true cases of infamous crimes from the 1870s to the 1980s. [3] The coroner will only resume the investigation (and any inquest where one was adjourned) after the outcome of the criminal proceedings is communicated by the appropriate officer of the court or where the coroner is informed that there is to be no prosecution.Prosecutors should note that, on a previous occasion, the CPS has challenged a coroner's decision not to disclose the report of a third post mortem examination. This led to the CPS applying for a witness summons to be issued to require the coroner to surrender the report. At the hearing, it was agreed by the Judge and the CPS that the Coroner was not a compellable witness following the rule in Warren v Warren [1997 QB 488-498], and the witness summons was discharged. Inquests What is an inquest? Where the report of the first post-mortem examination is not available before a decision has to be made on a request for a second examination, the coroner should do everything within their power to ensure that a preliminary report or summary conclusions from the first examination are made available at a very early stage. This approach will allow an informed decision to be taken on whether a second examination is justified.

Where there has been destruction of a body - by fire for example - or where the body may be irrecoverable (such as 'lost at sea') an inquest will be held as defined by section 1 of the Coroners and Justice Act 2009. The Coroner is required to apply to the Secretary of State for permission to hold an inquest, who will direct whether the Coroner should proceed; in these circumstances, the inquest will be treated as an inquest where body does not lie within the coroner's district. Coroners often query why charges have not been brought when in their view it is in the public interest to charge a suspect(s). Prosecutors may need to explain the stages of the Full Code Test in detail to reassure the Coroner that thorough considerations have been made. What happens when criminal proceedings have been finalised? Apparently, a five-hour House of Lords debate about the issue in February 1986 decided the wording would protect unwitting people from the then-in-place wider law of “possessing salmon which have been illegally taken, killed or landed”. Read More Related Articles An exception is made if you write to an inspector at least two days before you plan to bring your tubers over, giving a list details about said spud, its destination and the like. You may still face this fine, even if a pedestrian or driver acts dangerously or is at fault in some way.

Following an inquest the Coroner can make recommendations to prevent future deaths from occurring, previously known as a 'Rule 43 Report' but now known as a 'Preventing Future Deaths Report' or 'PFD Report' (as set out in paragraphs 28 and 29 of the Coroners (Investigations) Regulations 2013. The respondent is given 56 days to reply in writing, giving details of actions that have been taken or proposed to be taken, or an explanation as to why no action will be taken to prevent future similar deaths. Copies of all responses will be sent to the Lord Chancellor, who may publish the response or a summary of it, unless the Coroner has exercised his/her power to request a restriction to the publication to the Chief Coroner (under paragraph 29(10) of the Coroners (Investigations) Regulations 2013). Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. All witnesses who are competent can be compelled to attend a Coroner's Court; a person cannot refuse to be a witness because they fear their evidence may lead to them being charged with an offence connected with the death of the deceased. Once sworn in, a witness may refuse to answer any questions put to them on the grounds of self-incrimination (Rule 22 - Coroners (Inquests) Rules 2013. When a prosecutor receives a Coroner's summons

Inquests are legal inquiries into the cause and circumstances of a death, and are limited, fact-finding inquiries; a Coroner will consider both oral and written evidence during the course of an inquest. The Coroner's duty to hold an inquest is contained in section 6 of the Coroners and Justice Act 2009. Inquests are public hearings and can be held with or without juries - both are considered equally valid. Under Rule 8 of the Coroners (Inquest) Rules 2013, Coroners are required to complete an inquest within 6 months of the date on which the Coroner is made aware of the death, or as soon as is reasonably practicable. Section 9 of the ESA 1883 provides the definition of “explosive substance”. This includes “any materials for making any explosive substance; also any apparatus, machine, implement, or materials used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement.” “Explosive” is not defined in the legislation.

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The Office of the Chief Coroner was created by the Coroners and Justice Act 2009, with the first Chief Coroner being appointed in September 2012. The Chief Coroner heads the coroner system and has overall responsibility and national leadership for Coroners in England and Wales. Rule 25 (4) of The Coroners (Inquests) Rules 2013 requires a coroner to adjourn an inquest and notify the Director of Public Prosecutions, if during the course of the inquest, it appears to the coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence. The coroner will suspend his or her investigation (and adjourn any inquest held as part of that investigation) upon the police notification, pending completion of the police investigation (and, where appropriate, prosecution). It is aimed at selling fish gained through illicit means - rather than those holding them, well, in a suspicious way. The Coroner is expected to open an inquest where there is reasonable suspicion that the deceased has died a violent or unnatural death, where the cause of death is unknown or if the deceased died while in custody or state detention as defined by section 1(2) of the Coroners and Justice Act 2009.