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ARTICLE 2 and INQUESTS ALBA: 22 June 2017

ARTICLE 2 and INQUESTS ALBA: 22 June 2017. HH PETER THORNTON QC F ormerly Chief Coroner of England and Wales. ARTICLE 2. Right to life

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ARTICLE 2 and INQUESTS ALBA: 22 June 2017

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  1. ARTICLE 2 and INQUESTSALBA: 22 June 2017 HH PETER THORNTON QC Formerly Chief Coroner of England and Wales

  2. ARTICLE 2 Right to life 1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his execution of a crime for which this penalty is provided by law

  3. DEATHS IN E & W • Deaths 530,000 (cfbirths 730,000) • All deaths registered • 45% reported to coroners (236,000) • 85% signed off • 30,000 inquests • 400 with jury • Article 2?

  4. (1) When is Article 2 engaged? • State’s duty to investigate death • Arguably engaged • Procedural duty: criminal proceedings or inquest • Necessary elements of investigation • Independent • effective • reasonably prompt • public scrutiny • family participation

  5. Authorities R (Amin) v Secretary of State for Home Department [2004] 1 AC 632, [25] Jordan v UK (2001) EHRR 52, [106-109] R (D) v Secretary of State for Home Department and Inquest [2006] EWCA Civ 43

  6. Key features • General duty • Plus operational duty: Osman test - Osman v UK (2000) 29 EHRR 245 • See R (Kent CC ) v HM Coroner for Kent (NW District) [2012] EWHC 2768 (Admin) • Procedural duty

  7. (2) What is the consequence of Art 2 being engaged? • Scope? See R (Sreedharan) v HM Coroner for the County of Greater Manchester [2013] EWCA Civ 181, [18 vii.] • Verdicts/conclusions - judgmental (Jamieson v Middleton) - probable/possible (Lewis; LePage) - Hillsborough

  8. (3) What’s the point? • Not much more than a label? Cf legal aid applications • ‘All my inquests are Art 2 compliant’: R (Fullick) v HM Coroner for Inner North London [2015] EWHC 3522 (Admin), [56] • Coroners should err on the side of caution: ‘Art 2 is arguably engaged.’

  9. CLOSE THANK YOU QUESTIONS?

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