Overview

This bill amends the Coroners and Justice Act 2009. It clarifies that individuals who die while deprived of their liberty under the Mental Capacity Act 2005 are not considered to have died in state custody for inquest purposes.

Description

The bill modifies Section 1(2)(c) of the Coroners and Justice Act 2009. This section deals with the circumstances requiring a coroner's inquest. The amendment excludes deaths occurring while a person is deprived of their liberty under Schedule A1 of the Mental Capacity Act 2005 from the definition of deaths in state custody that necessitate an inquest under Section 1. This means that inquests will not automatically be held for deaths of individuals detained under the Mental Capacity Act 2005, unless other criteria for an inquest are met.

Government Spending

The bill is not expected to significantly impact government spending. No specific figures on potential cost savings or increases are provided in the bill's text.

Groups Affected

Groups potentially affected include:

• Individuals detained under Schedule A1 of the Mental Capacity Act 2005: The amendment may affect the number of inquests held following their deaths.
• Coroners: Their workload may be affected depending on the number of deaths previously subject to mandatory inquests.
• Families of those detained under the Mental Capacity Act 2005: Access to inquests might be altered, depending on the circumstances of death.

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