Part 2: Courts, tribunals and coroners Chapter 4: Coroners Section 40: Power to conduct non-contentious inquests in writing
This section will give coroners the flexibility to forgo the need for an inquest in non-contentious cases. Under this provision, the coroner would issue a written ruling like a judgement. Rule 23 of the Coroners (Inquests) Rules 2013 (the 2013 Rules) provides for a "documentary" or "Rule 23 inquest" which comes very close to being entirely on paper, but a limited public hearing must still take place (see Chief Coroner’s Guidance 29). This would therefore just be a natural extension of the existing arrangement.
	Subsection (1) is introductory and states that the 2009 Act will be amended as provided in the following subsections.
	Subsection (2) inserts new section 9C after section 9B in the 2009 Act.
	New section 9C(1) provides that where an inquest is to be held without a jury, it can be held at a hearing or in writing if the senior coroner decides that a hearing is unnecessary.
	New section 9C(2) sets out the circumstances in which the Senior Coroner can decide if a hearing is unnecessary. They are:
the coroner has invited representations from each interested person known to the coroner,
no interested person has represented on reasonable ground that a hearing should take place;
it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make; and
it appears to the coroner that no public interest would be served by a hearing.
	Subsections (3) to (5) amend sections 10(1), 45(2) and 47(2) of the 2009 Act to in order that those provisions also apply in circumstances where an inquest has been held in writing without attendance.
	Subsection (6) amends paragraph 11 of Schedule 1 to the 2009 Act to require fresh consideration of whether an inquest resumed after an adjournment should be held at a hearing or in writing.