The value of the defence postmortem examination in England and Wales

The defence or second postmortem examination is instructed by the defence legal team, per defendant, following an initial postmortem examination performed by a Home Office registered forensic pathologist. The obscure origin of this practice has allowed it to proceed as a matter of routine in English and Welsh culture, in stark contrast to international jurisdictions. The Chief Coroner's Guidance (2019) describes a change in perspective from the Home Office Circular 30 (1999) in which a presumed right to request a second postmortem examination is replaced by a process of heavy scrutiny, favouring a paper-based desktop review of the evidence. The reasons for supporting this seismic change in practice are numerous, from the limited evidential value attained to undue distress experienced by the decedent's family. Whilst it remains imperative for accused persons to examine and test the evidence, this can often be objectively and robustly enacted without a second invasive examination. Any paradigm shift takes time, and may be met with resistance, particularly when the culture is established at all levels of the legal system in which it exists. We discuss the reasons why this shift in practice is necessary to best serve both the defendant and the decedent.