INQUESTS

Question 1

PURPOSE OF INQUEST

Answer 1

Inquests are investigation into an unexplained or unexpected death The purpose is to find out

• Who the deceased was
• How, when and where he/she came by his/her death
• Make ‘findings’ on the particulars about the death which have to be registered according to statute

Question 2

TYPES OF HEARING

Answer 2

Opening - initial, brief hearing for the coroner formally to ascertain the deceased’s identity. Adjourned while more evidence gathered

Pre-inquest review hearing - often to discuss details ahead of the full/ final inquest

Full/final hearing - can range from a few hours to weeks long depending on the complexity of the case, how much evidence the coroner needs to hear and how many witnesses are called

Question 3

NARRATIVE CONCLUSIONS

Answer 3

brief statements which expand on the coroner’s or jury’s conclusion on how the deceased came to die

A ‘short-form’ term may be included

These are intended to help avoid further loss of life by adding to a jury’s conclusions

Coroners also usually make concluding remarks to focus public attention on lessons to be learnt from a death

They have a legal duty to produce reports for the Chief Coroner if an inquest has revealed circumstances which could continue to place lives at risk

Question 4

RULE 11 CORONERS (INQUESTS) RULES 2013

Answer 4

inquests should generally be held in public

Unless it is in the interests of justice

A coroner can open an inquest in private but must announce it has been opened at the next public hearing

And the press and public can be excluded from all or part if it is in the interests of national security to do so

Question 5

RULE 23 OF CORONERS (INQUESTS) RULES 2013

Answer 5

Allows a coroner to take written evidence rather than oral evidence from any witness If they are satisfied that the evidence is unlikely to be disputed

Or it is not possible for the witness to attend either within a reasonable time or has a ‘good and sufficient reason’ why they can’t attend

The Chief Coroner’s guidance to coroners is the default position is that a journalist should be allowed to inspect or make a copy of any written evidence that is not read aloud [Chief Coroner’s guidance says that Guardian and News Media case means this is the presumption/default position]

Coroner can read evidence aloud

Question 6

JURY INQUESTS

Answer 6

7-11 jurors

A jury will be called if a senior coroner has reason to suspect that a death falls into one of these categories

1. The deceased was in custody or otherwise in state detention and the death was either violent of unnatural or the cause is unknown
2. The death resulted from an act or omission of a police officer or member of a police force of the armed services in the execution of his/her duty
3. The death was caused by those types of accident, poisoning or disease, such as the workplace fatalities, which by law must be notified to a Government department or inspector

Question 7

TREASURE INQUESTS

Answer 7

A found object which is not a single coin, which contains at least 10 per cent of gold or silver and which is at least 300 years old, and any other object found with it.

If they decide it is treasure, a fee based on the value is paid to the finder and, sometimes, the landowner, and given to museum

Question 8

THINGS THAT APPLY TO INQUESTS LIKE IN COURT

Answer 8

the ban on photography in them

protection of confidentiality of jury deliberations

reporting suicide

absolute privilege

or concern other elements of the Chief Coroner’s guidance