Miscellaneous and General Coroners' investigations into deaths: meaning of "state detention"
In England and Wales, coroners must undertake an investigation into a person’s death when the coroner has reason to suspect that "the deceased died while in custody or otherwise in state detention" (section 1 of the Coroners and Justice Act 2009).
	A person is in state detention for the purposes of coroner legislation when compulsorily detained by a public authority. Under the Mental Capacity Act 2005 ("the 2005 Act") a person who lacks capacity may be detained in circumstances which amount to deprivation of liberty. In 2014 the Supreme Court judgment in the cases of P v Cheshire West and Chester Council and P&O v Surrey County Council (Cheshire West) clarified the circumstances in which an authorisation of deprivation of liberty and the associated safeguards provided by the 2005 Act are likely to be required now including, for example, elderly persons with dementia living in care homes.
	Since that ruling there has been a 10-fold increase between 2013 and 2015 in received applications of deprivation of liberty authorisations under the provisions of the 2005 Act and coroner inquests subsequently increased by over a quarter between 2014 and 2015. In 2015 the vast majority of such deaths would not have otherwise required a coroner’s investigation (if the person had not been deprived of their liberty under the 2005 Act) with just 1% of such inquests concluded other than as a ‘death by natural causes’.
	The Chief Coroner in his 2015/16 annual report recommended that the Coroners and Justice Act 2009 be amended to remove such cases from the category of "in state detention". Section 178 gives effect to this recommendation.