Guidance

Murder, manslaughter and infanticide of British nationals abroad: memorandum of understanding (MoU)

Published 31 August 2022

Applies to England and Wales

Introduction

Families bereaved through murder, manslaughter and infanticide abroad are likely to face additional legal, financial and logistical challenges. This may include difficulties in obtaining information from overseas authorities, navigating a foreign criminal justice system, accessing translation services and arranging repatriation of their loved one.

Where a British national dies as a result of murder, manslaughter or infanticide overseas, jurisdiction for the investigation is most likely to remain with the authorities in that country. In these circumstances a coronial investigation in England and Wales will only take place if the body is repatriated, reported to the coroner, and the death is violent, unnatural, or of unknown cause.

When a death overseas occurs, the Foreign, Commonwealth & Development Office (FCDO) is the government department immediately responsible for supporting bereaved families and providing information about customs, procedures and support services. The FCDO does not have an investigative capability or role. Responsibility for the investigation into the circumstances of the death rests with the authorities in the country where the death occurred. The FCDO cannot interfere in any other country’s investigative or judicial processes but will utilise diplomatic channels to register UK interests.

Deaths overseas that are not being investigated as a (potential) homicide by the relevant overseas authorities, fall outside the scope of this MoU. Nevertheless, the Parties (as outlined below) will seek to apply the principles set out, and in the Annexes, to offer support to bereaved families where possible.

Purpose of the Memorandum of Understanding (MoU)

The purpose of this Memorandum of Understanding (MoU) is to set out how the Foreign, Commonwealth, & Development Office (FCDO), the National Police Chiefs’ Council (NPCC), (on behalf of Police forces in England and Wales) and the Chief Coroner of England and Wales (on behalf of Coroners in England and Wales), (the “Parties”) will co-ordinate delivery of their respective functions and responsibilities in relation to deaths resulting from murder, manslaughter or infanticide of a British national whilst abroad.

This MoU seeks to provide a consistent level of service to bereaved families and promote public confidence in the response to deaths abroad.

This MoU is not legally binding. It sets out the understanding reached by the Parties within their appropriate statutory and other remits. Its purpose is to provide clarity and consistency to the procedures by which the FCDO, Coroners and Police Forces in England and Wales will co-operate in a single concise document.

Aims

By recognising the importance of the Parties adopting a joint approach to obtain information from overseas authorities the Parties aim to achieve the following:

• support the bereaved families of British nationals who are victims of murder, manslaughter or infanticide whilst abroad
• engage with the overseas authority where the death has occurred to seek to register UK interest, facilitate communication, and encourage a professional and thorough investigation
• ensure each of the Parties understands the local and cultural context, and how this is likely to impact the timing and progress of investigative and judicial processes
• where the death is reported to a Coroner, ensure as far as possible that relevant material that can assist the Coroner is properly identified, requested and obtained

Responsibilities

The Parties recognise that each has its own responsibility and that no Party can direct the other. This MoU takes into account relevant legislation, and the Parties’ respective roles and responsibilities (more detail regarding their roles and responsibilities can be found in Annexes 1 to 3).

Whilst the circumstances of each death will always need to be considered on an individual basis and will depend on the jurisdiction where the death has occurred, the parties to this MoU have collectively reached the understanding that they will as far as practicable:

• establish points of contact for each Party
• clarify the Parties’ respective roles and responsibilities in each particular case
• openly share relevant information with each other as soon as possible when legally able to do so
• make arrangements for communicating with the bereaved families, and decide, in consultation with the family, how and when future updates will be provided, and by whom
• refer bereaved families to appropriate support services, interpreters and/or lawyers as soon as possible
• improve the flow of information between the Parties, including about the likely progress of the overseas authority’s investigation and any investigation within England and Wales
• provide information to families regarding repatriation and the subsequent coronial process, including the timing of any pre-inquest review hearing (PIR) and of the inquest itself
• where the overseas judicial system permits, the Parties will obtain updates on the ongoing criminal investigation or judicial proceedings, or provide details of how the bereaved family may be able to do so, to help establish a chronology of events

Review

This MoU will be monitored by each Party on a regular basis to ensure that the Parties are effectively working together in their response to British nationals killed abroad as a result of murder, manslaughter or infanticide.

The Parties recognise the importance of consulting representatives of bereaved families and relevant organisations as part of any review process undertaken in order to identify ways to further improve the support provided to bereaved families.

The undersigned Parties have each decided to co-operate according to the principles outlined in this Memorandum of Understanding and to formally review every 5 years or more frequently if the need arises.

Signed by:

• Jennifer Anderson Director of Consular Services, on behalf of Foreign, Commonwealth & Development Office, on 2 September 2020
• Deputy Assistant Commissioner Stuart Cundy QPM, on behalf of the National Police Chiefs’ Council, on 2 September 2020
• His Honour Judge Mark Lucraft QC, Chief Coroner of England and Wales, on 2 September 2020