THE STANDARD OF PROOF FOR THE SHORT-FORM CONCLUSION OF UNLAWFUL KILLING14/09/2026

PUBLIC CONSULTATION ON THE STANDARD OF PROOF FOR THE SHORT-FORM INQUEST CONCLUSION OF UNLAWFUL KILLING

Today, the Ministry of Justice will launch a public consultation on the standard of proof applied to the short-form inquest conclusion of unlawful killing. This follows the recommendation of the independent Police Accountability Rapid Review that the Government should undertake a full public consultation on this issue before deciding whether to take forward any change.  

The consultation seeks views on whether, following the 2020 Supreme Court judgment in Maughan, the civil standard of proof (the balance of probabilities) remains appropriate for conclusions of unlawful killing, or whether there is a case for returning to the criminal standard (beyond reasonable doubt). 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 be available at: Unlawful Killing Consultation - Ministry of Justice - Citizen Space. It will run for 12 weeks closing on 7 December 2026.