Policy background Coroner’s Courts No requirement for jury at inquest where coronavirus suspected
The classification of COVID-19 as a notifiable disease (notifiable to Public Health England (PHE) under the Health Protection Regulations 2019 for public health purposes) meant that, under section 7(2)(c) of the Coroners and Justice Act 2009 (the 2009 Act), any inquest into a death where the coroner had reason to suspect that the death was caused by COVID-19 would have had to take place with a jury. This could have had very significant resource implications for Local Authority run coroner services.
	Although inquests requiring a jury could have been adjourned until the pandemic had passed, this would have deprived bereaved families of swift closure and would, in any event, simply build up resource pressure for the future. The Coronavirus Act 2020 (CVA 2020) therefore modified the 2009 Act to disapply the requirement that coroners must conduct any inquest with a jury where they have reason to suspect the death was caused by COVID-19.
	There is concern that when the CVA 2020 sunsets, coroners will be required again to hold inquests with a jury where they have reason to suspect a death has been caused by COVID-19. If there were future outbreaks of COVID-19 after March 2022, or coroners were already investigating deaths then where COVID-19 was suspected to be the cause, they would be required to hold an inquest with a jury. If coroners were required to hold jury inquests in cases where COVID-19 were suspected as the cause of death, this would add to the existing backlog of jury inquests. The intention is to replicate Section 30 within the 2009 Act when the CVA sunsets.
	Coroners would still be able to conduct an inquest with a jury if a death was suspected to have been caused by COVID-19 under existing powers, where they think there is good reason to do so. They would still be required to hold an inquest with a jury where another notifiable disease is suspected to be the cause.
	There will be additional provisions which will require Lord Chancellor to review this provision every 2 years and empower the Lord Chancellor to extend it if the Lord Chancellor considers it would be expedient for the coronial system for this provision to be retained longer.