The Ministry of Justice has launched a public consultation. It will examine whether to change the standard of proof for unlawful killing conclusions in short-form inquests. Currently, these conclusions use the civil standard. The consultation may propose reverting to the criminal standard instead.
Prior to the Supreme Court’s 2020 ruling in R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire, short-form inquest conclusions of unlawful killing were determined using the criminal standard of proof. However, since this ruling, both short-form and narrative inquest conclusions have been based on the civil standard of proof, resulting in a shift in the threshold applied to unlawful killing conclusions.
Decline in unlawful killing conclusions despite lower threshold
Notwithstanding the adoption of a lower threshold, the proportion of inquest conclusions that result in findings of unlawful killing has actually decreased. In 2019, 0.4% of all inquest conclusions were categorized as unlawful killings. By 2020, this percentage had decreased to 0.19%, subsequently rising to 0.3% in 2021, before declining again to 0.14% in 2023 and stabilizing at 0.2% in both 2024 and 2025.
The consultation document highlights concerns that the change in the standard of proof has ’caused confusion’ and created an ‘uneven playing field’. In response to these concerns, the then Lord Chancellor Shabana Mahmood commissioned a Rapid Review in 2024, which recommended broader engagement with stakeholders to assess the appropriateness of the civil standard in this context.
Stakeholder perspectives on potential standard reversal
The recently launched consultation, led by Justice Minister Alex Davies-Jones, invites stakeholders to share their views on whether the civil standard should be retained or reverted to the criminal standard for short-form inquest conclusions of unlawful killing. The consultation specifically asks stakeholders to consider whether, in light of the perceived impacts and wider implications of applying the civil standard to short-form conclusions of unlawful killing, a return to the criminal standard should be contemplated.
Alex Davies-Jones urged stakeholders to take part in the consultation. She said: ‘I encourage anyone with an interest in the coronial system and access to justice issues to engage and share their views.’
Rosanna Ellul, policy and parliamentary manager at the charity Inquest, expressed concerns about the potential reversal of the current standard, stating that Inquest will push back against any attempts to modify the standard. Ellul noted: ‘Inquest [is] very concerned about the Ministry of Justice’s new consultation into the standard of proof for unlawful killing conclusions at inquests and fears it forebodes yet another rowing back of the rights for bereaved families,’ and described the Supreme Court’s judgment as ‘a step forward’ for state and corporate accountability.
Ellul highlighted that ‘since this ruling, there have been unlawful killing conclusions related to deaths in prison, mass fatalities, deaths in healthcare settings and violence against women and girls,’ and emphasized that the lower standard helps ensure that inquests can hold state agents accountable and identify wrongdoing.
Harriet Wakeman of Landmark Chambers characterized the potential reversal as ‘highly significant’, raising questions about the interaction between the proposed higher standard of proof for short-form conclusions and the continued availability of narrative conclusions based on the civil standard. Wakeman noted that the consultation only contemplates a potential change to the short-form conclusion of unlawful killing, which may have implications for the consistency of inquest outcomes.
Amanda Gray, a partner at Mishcon de Reya, observed that a potential shift in the standard could have significant implications for stakeholders involved in the coronial process. Gray explained that the consultation is an initial step in assessing opinions and gathering information, and that there is no guarantee that changes will be implemented, nor is there an indication of a wider application to other forms of inquest conclusions.
The consultation is focused solely on the coroner’s definition of ‘unlawful killing’ and does not relate to the government’s recent decision to exclude criminal offences related to unlawful killing, such as manslaughter, from the Sentencing Act’s Progression model.
The consultation will remain open until December 7.
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