OpenLegislation

Paragraph 11 I1

(1)

Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.

(2)

F1Sub-paragraphs (3) and (4) apply, in place of section 7, to an inquest that is resumed under this paragraph.

(3)

The resumed inquest may be held with a jury if the senior coroner thinks that there is sufficient reason for it to be held with one.

(4)

Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—

(a)

if at least seven persons who were members of the original jury are available to serve at the resumed inquest, the resumed inquest must be held with a jury consisting of those persons;

(b)

if not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.

F2(5)

Where an inquest is resumed under this paragraph without a jury (whether or not it had one before the adjournment), the senior coroner must consider, in accordance with section 9C, whether the resumed inquest is to be held at a hearing or in writing.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 11(2) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(6)(a), 51(3)

F2

Sch. 1 para. 11(5) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(6)(b), 51(3)

Commencement

I1

Sch. 1 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)