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CORONERS’ LAW RESOURCE

Copyright Notice, Limited Permissions, and Disclaimers

Chapter 5: Assumption of Jurisdiction

The material formerly found here is now contained in the first supplement to Jervis, published by Sweet & Maxwell in November 2003, with ISBN 0 421 858 907.

5-05 - 5-06 The Department for Culture, Media and Sport published the Report of the Working Group on Human Remains on Friday 14 November 2003.

5-17 n 51 Add R v Godward [1998] 1 Cr App Rep (S) 385 (3 years' imprisonment for concealing a body).

5-41 - 5-44 Proposals have been presented to Parliament for the modernisation of civil registration. These proposals follow a consultation document, "Civil Registration: Delivering Vital Change", issued on 10 July 2003, with a closing date for responses of 24 October 2003 (there were 3370 responses). The proposals include allowing informants to register deaths at any register office, not only in person but also by telephone or internet, and also making new arrangements for access to registration information and for the correction and updating of the register.

The proposals are contained in a draft statutory instrument, the Regulatory Reform (Registration of Births and Deaths) (Englsnd and Wales) Order 200[ ], to be made under the Regulatory Reform Act 2001, s 1, but only after (1) the proposals have been considered by the regulatory reform committee of each House of Parliament, and (2) the draft has been approved by both Houses of Parliament.

The draft order is accompanied by a General Register Office Press Release of 22 July 2004, a detailed explanation of the draft order, and a regulatory impact assessment..

5-70 In Al Fayed, Petitioner, P905/03, 12 March 2004, Lord Drummond Young, sitting in the Outer House of the Court of Session (functionally equivalent to the High Court in England), dismissed a petition by Mr Mohamed Al Fayed for judicial review of a decision of the Lord Advocate to refuse to instruct a public inquiry into the death of Dodi Fayed. In his Opinion, the judge dealt with a number of points arising on Art 2 of the European Convention on Human Rights. The main point was that, as a matter of interpretation of the Convention itself, Art 2 cast no obligation on the United Kingdom to inquire into deaths outside the UK. If that is correct, any coroner's inquiry into such deaths need only comply with the ordinary common and statute law (excluding the HRA).

 

 

 

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Last modified:  Monday, 09-Aug-2004 08:53:17 BST by: Malcolm Bishop