Today, the Ministry of Justice is launching a public consultation on the standard of proof to be applied to the short-form inquest conclusion of unlawful killing.

This consultation follows the publication on 23 October 2025 of the independent Police Accountability Rapid Review, as announced by the Home Secretary in her Written Ministerial Statement which can be found on UK Parliament Website under the number UIN HCWS987.

Commissioned in October 2024 by the then Lord Chancellor and Home Secretary, the Review was conducted by Tim Godwin OBE QPM and the Rt Hon Sir Adrian Fulford, and examined two issues: the threshold for police misconduct proceedings involving use of force, and the standard of proof for unlawful killing inquests.

The Home Secretary accepted the recommendation to revise the threshold for police misconduct proceedings involving the use of force, and amendments to the Police (Conduct) Regulations 2020 were laid on 9 June and will come/came into force on 30 June.

On the issue of the standard of proof for unlawful killing inquests conclusions, the Review found a strong case for a return to the criminal standard (i.e. beyond reasonable doubt), reversing the effect of the Supreme Court’s 2020 Maughan judgment, which applied the civil standard (i.e. balance of probabilities) to all short-form conclusions. However, the reviewers also recognised that this issue has broader implications beyond policing, including in healthcare, detention, and workplace settings and that its own engagement was necessarily limited. The Review therefore recommended that the Government should undertake a full public consultation before deciding whether to legislate for a change. The Lord Chancellor has accepted this recommendation.

Accordingly, the consultation launched today seeks views from across sectors and communities on whether the current standard remains appropriate. It does not propose a change, nor does it assume that one will be made. The aim is to gather evidence and perspectives to inform future policy development, ensuring that any decision is grounded in transparency, fairness, and public confidence.

The consultation will run for twelve weeks, closing on 7 December 2026, and is available at: Unlawful Killing Consultation - Ministry of Justice - Citizen Space

I encourage all those with an interest in the coronial system, public accountability, and access to justice to engage with this important consultation.

For clarity, the issue considered in this consultation relates only to the short-form conclusion of unlawful killing in the coronial jurisdiction. It is not connected with the Government’s recent decision to exclude criminal offences related to unlawful killing such as manslaughter or death by dangerous driving from the Sentencing Act’s Progression model.

https://www.theyworkforyou.com/wms/?id=2026-09-14.hcws340.0