Read our update on the rise in state detention deaths.
The sad reality behind every death in state detention is that someone was under the care, control or supervision of the State when their life ended. Understandably this leads to questions about what happened. Were warning signs missed? Did systems fail? Could the same thing happen again?
Recent figures show that deaths in state detention reported to coroners in England and Wales rose by 13% in 2025, reaching 622 deaths — the highest level since 2017.
What is a death in state detention?
A death in state detention covers a wide range of circumstances. It includes deaths in prison custody, police custody, Immigration Removal Centres, detention under the Mental Health Act, Secure Training Centres, Local Authority Secure Children’s Homes, and deaths while a person is on Release on Temporary Licence.
The rise in 2025 was driven principally by two areas: an 8% increase in deaths in prison custody and a 21% increase in deaths of people detained under the Mental Health Act. In prison custody specifically, Ministry of Justice data recorded 352 deaths in the 12 months to March 2026, including 67 self-inflicted deaths. [Coroners statistics 2025: England and Wales] [Safety in Custody Statistics, England and Wales: Deaths in Prison Custody to March 2026 Assaults and Self-harm to December 2025]
What does this mean for the inquest?
Legislation provides that Coroners must investigate a death where the person has died while in custody or other state detention.
Most of these inquests engage Article 2 of the European Convention on Human Rights, the right to life. This means the inquest has a broader scope and asks the question: by what means and in what circumstances did the person die? This is sometimes referred to as a “Middleton” inquest, following the case that established the need for a broader inquiry where the State’s duty to protect life is engaged.
The vast majority of state detention inquests involve a jury sitting with the Coroner to assist with the fact finding exercise.
Prevention of future deaths: learning lessons
One of the most important outcomes of an inquest can be a Prevention of Future Deaths report, often called a PFD or Regulation 28 report. Coroners have a statutory duty to issue a PFD report where evidence heard during an investigation reveals a risk that future deaths may occur unless action is taken. The report is sent to the organisation or individual with power to act, and a written response is usually required within 56 days.
A recent example is the February 2026 PFD report issued to the Ministry of Justice following the death of Emmett Morrison at HMP Long Lartin. The coroner raised concerns about the continued problem of illicit drugs entering the prison and issues relating to the management of suicide and self-harm risk under the ACCT care planning process. [Emmett Morrison: Prevention of future deaths report - Courts and Tribunals Judiciary]
How Weightmans can help
We act for individuals, care homes, healthcare providers, prisons, police forces, public bodies, government agencies, insurers, charities, and organisations involved in all inquests, not just those arising from deaths in custody and state detention.
These cases often involve sensitive factual issues, intense public scrutiny and complex evidence. Our role is to make the process clearer, more manageable and more effective from the outset to conclusion.
If you'd like guidance on any aspects regarding deaths in state detention, please contact our expert coronial law and inquests solicitors.
