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Coroners and Justice Act 2009 (Duty to Investigate) (Amendment) Bill

A Bill to amend the Coroners and Justice Act 2009 to provide that a person who dies while deprived of their liberty under Schedule A1 to the Mental Capacity Act 2005 shall not be considered to have died while in custody or otherwise in state detention for the purposes of section 1 of the 2009 Act; and for connected purposes.

Originating House

House of Commons

Parliament last updated

12 May 2016

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

This bill changes the law so that deaths of people who are deprived of their liberty under the Mental Capacity Act 2005’s deprivation of liberty safeguards are not treated as 'deaths in custody' for the purposes of the coroner’s investigations under the Coroners and Justice Act 2009. In practice, such deaths would not automatically trigger a coroner’s inquest under section 1 of that Act. It aims to clarify when coroner investigations should apply in these cases.

Key Points

  • Amends the Coroners and Justice Act 2009 to exclude deaths of people deprived of liberty under Schedule A1 of the Mental Capacity Act 2005 from being treated as deaths in custody or detention for coroner investigations.
  • Clarifies that DoLS-related deaths are not automatically covered by the duty to investigate in section 1 of the 2009 Act.
  • By addressing connected provisions, it narrows the scope of when coroner inquests are triggered in deprivation-of-liberty cases.
  • Originates in the Commons and is currently at the 2nd reading stage in the House of Commons.

Progress

The bill is at the 2nd reading in the House of Commons and has not yet progressed to committee stage or Lords.

Who is affected?

People deprived of liberty under Schedule A1 to the Mental Capacity Act 2005 (DoLS)Families and carers of those deprived of libertyCare homes and hospitals using deprivation of liberty safeguardsHealthcare and social care professionalsThe coroner service and inquest practitioners

Generated 21 February 2026

Bill Stages

1st readingCommons

10 Nov 2015

2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
1st readingLords
2nd readingLords
Committee stageLords
Report stageLords
3rd readingLords
Royal Assent

Updates & Documents

News (1)

News - Coroners and Justice Act 2009 (Duty to Investigate) (Amendment)

1 Jan 1970

The 2015-16 session of Parliament has ended and this Bill will make no further progress.

This Bill was presented to Parliament on 11 November 2015. This is known as the first reading and there was no debate on the Bill at this stage.

Documents (1)

Bill 93 2015-2016, as introduced
BillCommons
27 Jan 2016

Parliamentary Votes (0)

No recorded votes for this bill yet.