Unlawful Killing Following Maughan, Increased Risk For Carers

BCL partner Richard Reichman's article, 'Unlawful Killing Following Maughan – Increased Risk For Carers' has been published by The Carer.

Here's an extract from the article:

"In the case of R (on the application of Maughan) (Appellant) v Her Majesty's Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46, the Supreme Court found, by a majority of three to two, that all conclusions in coronial inquests, including unlawful killing and suicide, whether short form or narrative, are to be determined on the civil standard of proof i.e. 'on the balance of probabilities'.

A striking effect of the judgment is that for an inquest conclusion of unlawful killing a lower burden of proof is now sufficient (previously the burden of proof applied was the criminal burden of proof i.e. 'beyond reasonable doubt').  This is a departure from the applicable burden of proof in any related criminal proceedings (for example, for the serious crimes of murder and manslaughter).