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Inquests: changes to the Coronavirus Act 2020 provisions

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The COVID-19 pandemic has undoubtably had an impact on the coronial system. However, as hospital admissions fall and restrictions ease, so do the statutory provisions that governed the coronial system during the height of the pandemic. 

The Coronavirus Act 2020 (the Act) received royal assent and became law on 25 March 2020. Within it, various provisions were made to ease the strain on the coronial system of the significant increase in deaths that the pandemic would bring. This included special provisions regarding COVID-19 as a notifiable disease and the Medical Certificates of Cause of Death (MCCDs) process. 

However, at midnight on 24 March 2022 the Coronavirus Act 2020 is due to expire. Some changes will be retained on a permanent basis through secondary legislation; however, many processes will revert to practice in place before the pandemic on the basis that the need for emergency provisions is no longer necessary. 

In terms of the coronial system it is expected the following provisions will continue after the expiry of the Act:

  1. The period before death within which a doctor completing a MCCD must have seen a deceased patient will remain 28 days (prior to the pandemic, the limit was 14 days). 
  2. It will still be acceptable for medical practitioners to send MCCDs to registrars electronically.

However, in contrast, it is expected that the emergency provision temporarily allowing any medical practitioner to complete the MCCD, will be discontinued. This means a reverting back to the previous process in place where the MCCD can only be completed by a medical practitioner who cared for the patient during the illness leading to their death. 

Section 30 of the Act provided that COVID-19 was not to be treated as a notifiable disease, therefore not requiring the mandatory engagement of a jury under Section 7 of the Coroners and Justice Act 2009. It seems likely this provision will continue after the expiry of the Act, however, the Judicial Review and Courts Bill, which will extend this provision will not be in force at the time the Act expires. This means there could be a period of time where juries may become mandatory for suspected COVID-19 deaths. Coroners and inquest practitioners will therefore need to be vigilant about the requirement of juries in COVID-19 deaths over the next few months.

Watch this space for further developments!

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