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Coroners and Justice Act 2009

Coroners and Justice Act 2009 Sch 1 para 3

Sch 1 para 3

(1) Subject to sub-paragraph (2), a senior coroner must suspend an investigation under this Part of this Act into a person's death if— (a) the Lord Chancellor requests the coroner to do so on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12) that is being or is to be held, (b) a senior judge has been appointed under that Act as chairman of the inquiry, and (c) the Lord Chief Justice has indicated approval to the Lord Chancellor, for the purposes of this paragraph, of the appointment of that judge. In paragraph (b) “ senior judge ” means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court. (2) The coroner need not suspend the investigation if there appears to be an exceptional reason for not doing so. (3) In the case of an investigation that is already suspended under paragraph 1— (a) a reference above in this paragraph to suspending the investigation is to be read as a reference to continuing the suspension of the investigation; (b) if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 9 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).

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