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This publication sets out the Government's draft proposals to reform the current coroner system in England and Wales for consultation, in order to address some of the weaknesses identified in the report of the Fundamental Review of death certification and coroner services (Cm. 5831, June 2003; ISBN 0101583125) and in the third report of the Shipman Inquiry (Cm. 5854, July 2003; ISBN 010158542X). The draft Bill has three main aims: to improve the service to bereaved people and others affected by the work of coroners; to introduce a national leadership framework and strengthen local services; and to ensure investigations of deaths and inquests are carried out in a more effective and co-ordinated manner. Key proposals in the draft Bill include: the establishment of a coroners' charter with guidelines and standards to make clear the services bereaved people can expect and new rights to appeal against decisions concerning them; the introduction of a national leadership framework through a Chief Coroner and support staff, and an advisory Coronial Council; and new powers for coroners to obtain evidence for investigations and to impose reporting restrictions when deemed to be in the public interest. The publication contains the provisions of the draft Bill together with detailed explanatory notes written in plain English and set out on each facing page, as well as an illustrative draft of the 'Charter for Bereaved People who come into contract with the Coroner Service'. Responses to the proposals in the draft Bill should be received by 8 September 2006.
Coronial Law is an area that attracts great public scrutiny, reflected in the recent establishment of the office of the Chief Coroner, and the number of Judges of the High Court and the Court of Appeal made deputy assistant coroners to particularly sensitive inquests. It is also an area of law that has changed significantly in recent years since the new Coroners and Justice Act 2009 came into force in 2013. This book provides practitioners with an up-to-date and comprehensive guide to the law of coroners and inquests. Written by barristers practising in the field, it addresses changes to the structure and jurisprudence of coroners' courts in a straightforward, accessible manner. The book is helpfully structured according to the elements of an inquest or the subject matter of a coroner's investigation. Each chapter provides an overview of the legal issues, statutory material and other sources of guidance, followed by case summaries and extracts where the relevant issues are discussed. In addition, there are useful appendices of relevant materials, including applicable legislation and the Chief Coroner's Guidance. The book is an essential companion for practitioners of coronial law, indispensable to novices and seasoned practitioners alike.
A restorative just culture has become a core aspiration for many organizations in healthcare and elsewhere. Whereas ‘just culture’ is the topic of some residual conceptual debate (e.g. retributive policies organized around rules,violations and consequences are ‘sold’ as just culture), the evidence base on, and business case for, restorative practice has been growing and is generating increasing, global interest. In the wake of an incident, restorative practices ask who are impacted, what their needs are and whose obligation it is to meet those needs. Restorative practices aim to involve participants from the entire community in the resolution and repair of harms. This book offers organization leaders and stakeholders a practical guide to the experiences of implementing and evaluating restorative practices and creating a sustainable just, restorative culture. It contains the perspectives from leaders, theoreticians regulators, employees and patient representatives. To the best of our knowledge, there is no book on the market today that can function as a guide for the implementation and evaluation of a just and learning culture and restorative practices. This book is intended to fill this gap. This book will provide, among other topics, an overview of restorative just culture principles and practices; a balanced treatment of the various implementations and evaluations of just culture and restorative processes; a guide for leaders about what to stop, start, increase and decrease in their own organizations; and an attentive to philosophical and historical traditions and assumptions that underlie just culture and restorative approaches. The interest in ‘just culture’, not just in healthcare but also in other fields of safety-critical practice, has been steadily growing over the past decade. It is a trending area. In this, it has become clear that 20-year-old retributive models not only hinder the acceleration of performance and organizational improvement but have also in some cases become a blunt HR instrument, an expression of power over justice and a way to stifle honesty, reporting and learning. What is new in this, then, is the restorative angle on just culture, as it has been developed over the last few years and now is practised and applied to HR, suicide prevention, healthcareimprovement, regulatory innovations and other areas.
Medical evidence plays a vital part in many criminal prosecutions, most notably when serious injury or physical abuse is part of the prosecution's case. Now in its third edition, this book is an essential text for practitioners of clinical forensic medicine and for those who take them through judicial proceedings, be they prosecutors or defence lawyers. It is written by a team of skilled and experienced authors with practical issues firmly in mind. The book has been revised to take account of changes in both statute and case law that have occurred since publication of the previous edition as well as improvements in medical and scientific understanding. In particular, the approach to uncertainties in child abuse has been brought up to date and a completely new account of blood-borne viral diseases is included.
The Government announced planned reform to public bodies on 14 October 2010, updated proposals in March 2011. The overarching question of whether a body and its functions needed to be carried out at all was addressed and if the answer was yes, then the Department subjected each of its bodies to three further tests: does it perform a technical function; do its activities require political impartiality?; and does it need to act independently to establish facts? A body would remain if it met at least on of these three tests. This paper now sets out for consultation the department's proposals for reform of a number of public bodies listed in the Public Bodies Bill
This book investigates death after police contact in England and Wales in the twenty-first century. It examines how regulatory bodies construct accountability in such cases. Cases of death after police contact have the potential to cause deep unease in society. They highlight the unique role of the police in being legitimately able to use force whilst at the same time being expected to preserve life. People who are from Black, or Minority Ethnic backgrounds, or have mental health issues, or are dependent on substances are disproportionately more likely to die in these cases, and this emphasises the sensitive nature of many of these deaths to society. Deaths after Police Contact examines police legitimacy and the legitimacy of police regulators in these cases. The book argues that accountability is produced by a relatively arbitrary system of regulation that investigates such deaths as individual cases, rather than attempting to learn lessons from annual trends and patterns that might prevent future deaths. It will be of great interest to scholars and upper-level students of policing and criminal justice.
A report that provides an overview of the Committee's work during the 2008-09 parliamentary session and draws attention to improvements to the human rights landscape in the UK which it has commended in reports during the year. It also mentions a number of continuing areas for concern.
Drawing special attention to: Coroners and Justice Bill (current Bill is as amended by Public Bill Committee: Bill 72, ISBN 9780215518804)
This paper presents the Government's response to the North Report on Drink and Drug Driving and the Transport Committee's report on Sir Peter North's recommendations. It outlines measure the Government intends to introduce. The prescribed alcohol limit for driving will not be changed, with the focus instead on improving enforcement and education to tackle the drink and drug drivers who put lives at risk. Other measures on drink driving include: revocation of the right for people whose evidential breath test result is less than 40% over the limit to opt for a blood test (the 'statutory option') - the breath testing equipment used in police stations is now very accurate and technically sophisticated so a blood sample is not needed to confirm the breath test; a more robust drink drive rehabilitation scheme; closing a loophole used by high risk offenders to delay their medical examinations; streamlining the procedure for testing drink drivers in hospital. On drug driving the Government will: approve preliminary drug-testing equipment - initially for use in police stations, and at the roadside as soon as possible; allow custody nurses to advise the police whether or not a suspected driver has a condition that may be due to a drug, removing the need to call out police doctors and so speed up the testing process; examine the case for a new specific drug driving offence - alongside the existing one - which would remove the need for the police to prove impairment on a case-by-case basis where a specified drug has been detected.
The Routledge Handbook of Law and Death provides a comprehensive survey of contemporary scholarship on the intersections of law and death in the 21st century. It showcases how socio-legal scholars have contributed to the critical turn in death studies and how the sociology of death has impacted upon the discipline of law. In bringing together prominent academics and emerging experts from a diverse range of disciplines, the Handbook shows how, far from shunning questions of mortality, legal institutions incessantly talk about death. Touching upon the epistemologies and materialities of death, and problems of contested deaths and posthumous harms, the Handbook questions what is distinctive about the disciplinary alignment of law and death, how law regulates and manages death in the everyday, and how thinking with law can enrich our understandings of the presence of death in our lives. In a time when the world is facing global inequalities in living and dying, and legal institutions are increasingly interrogating their relationships to death, this Handbook makes for essential reading for scholars, students, and practitioners in law, humanities, and the social sciences.