UK MoJ consults on restoring criminal standard for unlawful-killing inquest conclusions
The Ministry of Justice has opened a consultation on whether short-form inquest conclusions of unlawful killing in England and Wales should return from the civil standard (balance of probabilities) to the criminal standard (beyond reasonable doubt), the Law Gazette reported on September 18, 2026. Justice minister Alex Davies-Jones launched it after a 2024 Rapid Review; the consultation says the change since the Supreme Court's 2020 Maughan judgment caused confusion and an uneven playing field. It closes December 7.
Key points
- Consultation asks whether short-form unlawful-killing inquest conclusions should revert to the criminal standard of proof.Law Gazette
- Since Maughan (2020) applied the civil standard, unlawful-killing conclusions fell from 0.4% of inquest conclusions in 2019 to as low as 0.14% in 2023.Law Gazette
- Consultation follows a 2024 Rapid Review commissioned by then lord chancellor Shabana Mahmood and closes December 7, 2026.Law Gazette
- Charity Inquest said it will oppose any reversal, arguing the lower standard aids accountability for deaths in custody and other state settings.Law Gazette
- The proposal covers only the short-form unlawful-killing conclusion, not narrative conclusions or criminal manslaughter offences.Law Gazette