Part 9: Miscellaneous and General Pardons for certain abolished offences etc Section 178: Coroners' investigations into deaths: meaning of "state detention"
Section 178 forms part of the law of England and Wales.
	This section removes the duty on coroners under section 1 of the Coroners and Justice Act 2009 to conduct an inquest in all cases where the deceased had an authorisation for the deprivation of their liberty in place either under Deprivation of Liberty Safeguards or a Court of Protection Order or the deprivation of liberty was otherwise authorised by the Mental Capacity Act 2005.
	The effect of this section will mean that a coroner will no longer have a duty to undertake an investigation of a death because that person was, at the time of their death, otherwise in state detention by virtue of their liberty being deprived under Mental Capacity Act 2005.
	Subsections (2) and (3) amend section 48 of the Coroners and Justice Act 2009 to provide that the definition of state detention in section 1 of that Act should be read alongside new section 48(2A).
	Subsection (4) inserts new subsection (2A) into section 48 of the Coroners and Justice Act 2009 to provide that a person is not considered to be under state detention for the purposes of that Act when they are deprived of their liberty under sections 4A(3) or (5) or 4B of the Mental Capacity Act 2005. These sections apply to those under an order of the Court of Protection or a Deprivation of Liberty Safeguard authorisation, or where the deprivation of liberty was urgently required pending a decision of the Court of Protection on the authority to deprive the person of their liberty.
	Coroners will continue to have a duty under section 1 of the Coroners and Justice Act 2009 to hold an investigation into the death of any person who was in custody or otherwise in state detention, or whose death was violent, unnatural, or of unknown cause including where the deceased was also deprived of their liberty under the Mental Capacity Act 2005 at the time of their death.