The Coroner’s Bench Book 2025

With the new year comes the launch of the long-awaited Chief Coroner’s Guidance for Coroners on the Bench, commonly referred to as the Bench Guidance. Commissioned in 2019, the book aims to assist coroners in identifying key principles, practical information, and precedents when conducting inquests. It succeeds the 2015 Bench Book, which focused mainly on jury inquests and how coroners should address juries. This blog will summarise the new Bench Guidance, including its notable changes and additions.

What this book does

The Bench Guidance addresses various aspects of inquest law. It will assist coroners in understanding the law and their duties while providing commentary and advice on policy and practice. Although aimed primarily at coroners, it is anticipated to be useful for practitioners and all others involved in inquests. The Bench Guidance incorporates, updates, and expands upon some of the forty-seven Chief Coroner guidance notes.1 The remaining guidance notes have yet to be incorporated, although some are referenced in the various chapters.

It is important to note that the Bench Guidance is neither legally binding nor a replacement for legal research. It holds the same status as the current guidance notes and law sheets. Furthermore, until the guidance notes are withdrawn or updated, there may be inconsistencies between them and the Bench Guidance. In such instances, the Bench Guidance will take precedence.

Key themes and changes

The new edition introduces broad changes that reflect the evolving nature of inquest and how they are conducted. Several major themes emerge.

Recognition of identity and language

The Bench Guidance places greater importance on how coroners refer to individuals. A new rule states that coroners should name the deceased using the full name by which they were known at the time of their death, even if this differs from their birth name (Conclusions, §15). This is particularly important for transgender individuals and others who changed their name in life.

Coroners are also urged to use respectful language. The Bench Guidance discourages outdated or insensitive terms, especially in cases involving suicide, disability or mental health (The Inquest Hearing, §28). For example, coroners should no longer say “committed suicide”, which implies criminality, and should instead use the more neutral phrase “died by suicide”.

The rights of bereaved families and interested persons (IPs)

The Bench Guidance recognises that bereaved families are at the heart of inquests. Coroners should communicate more clearly with families about their rights and ensure they understand the process. This is particularly important when deciding whether an inquest should proceed on written evidence alone. According to the Bench Guidance, families must not be pressured into accepting this option and should be given a genuine choice in the matter (Documentary Evidence, §14).

Additionally, it is now recommended that families be allowed to submit a pen portrait, even if the inquest is in writing (Documentary Evidence, §24). This allows the coroner to acknowledge the person behind the facts, even when no witnesses give evidence. The Bench Guidance also recognises that family members have individual IP rights and do not have to act as a single unit. Accordingly, legal representatives should always clarify whom they represent, rather than simply claiming they act for “the family” (Interested Persons, §10).

The Bench Guidance also improves communications with IPs more broadly. While previous guidance advised that coroners should consult IPs before allowing remote evidence, the new Bench Guidance makes this a mandatory requirement. Also, any substantial written submissions by an IP must now be served on all other IPs.

A more open and transparent inquest system

Many of the updates in the Bench Guidance are driven by the principle of open justice. The Bench Guidance makes it clear that inquest hearings should be open to the media and public and accessible. For example, when deciding whether to allow requests for an inquest remotely, the need for open justice is now a mandatory consideration (Remote Hearings, §14). Allowing school-aged children to observe inquest hearings is now encouraged in an effort to enhance diversity in the legal profession (The Inquest Hearing, §8).

The Bench Guidance also incorporates more specific guidance regarding the use of technology. This includes more detailed guidelines regarding partially remote hearing (Remote Hearings, §25 onwards). During in-person hearings, journalists can report live from court on social media without needing permission unless a reporting restriction applies (Open Justice, §31). Recording equipment can only be used with leave of the court (as before), but considering the benefits of AI transcription, applications for leave might now be treated sympathetically on that basis (The Inquest Hearing, §43). Having said that, the Bench Guidance still strictly prohibits recording or taking screenshots of remote hearings.

What to expect going forward

The Chief Coroner’s foreword to the Bench Guidance describes it as a “live document,” meaning we can expect it to undergo further revisions and additions. One anticipated addition will be a chapter covering Article 2, which is referenced throughout the existing chapters. Given recent case law, additional guidance in this area will be most welcome. It is also possible that other guidance notes not yet incorporated will find their way into existing or new chapters.

This book should offer valuable assistance to coroners, practitioners, and all those who must consider and apply the laws and procedures of inquests.

1 These are, at present, Guidance Notes 2, 4, 5, 8, 9, 10, 11, 12, 17, 21, 22, 25, 27, 29, 40, 41, 42 and 44

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Authors

Stella Wojdyla

Kieron Spoors

Related areas

Inquests

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