coroners Flashcards
when were coroners formally established?
1194
what was a coroner?
initially a tax investigator, developed into investigator of anything that may impact the crown
buried reassure, unexplained deaths, wreaks, investigating the alarmingly frequent deaths of normans
development of coroners
1836 - first births and deaths registration act
what year was financial duties of coroners mostly gone?
1887
what is a coroner?
a judicial officer - NOT medical examiner or forensics expert
what do coroners do?
investigates death with unclear causes, or due to violence or in state custody
how are coroners appointed?
- coroners and justice act 2099 schedule 3 paras 1-2
- coroner areas
- local authority/authorities appoint senior
- may make order for additional area or assistant corners
- local authority chooses, lord chancellor has final consent
what is the coroners eligibility?
- must have been legally qualified for 5-7 years
- must be under 75
- may not be a councillor for the area they are to be coroner for
what must coroners do?
must investigate if:
(a) the deceased died a violent or unnatural death
(b) the cause of death is unknown
(c) the deceased died while in custody or otherwise in state detention
what can a senior coroner do?
report if a death happens they think ought to be investigated
what are coroners looking for?
section 5 (1)
(a) who the deceased was
(b) how, when and where the deceased came by his/her death
(c) the particulars required by the 1953 act to be registered concerning the death
section 5 (3) no other opinions
what is the coroners inquest?
s6 investigation must include an inquest unless it is discontinued after examination and cause of death is now clear (s4)
when does a coroners inquest happen?
at the end of the investigation
are coroners inquisitorial or adversarial?
inquisitorial
when is a coroners inquest held with a jury?
if the senior coroner has reason to suspect:
- deceased died in police custody, death was violent/unnatural, the cause of death was unknown
but eh death resulted from an act or omission:
- the police officer, or is a member of a service police force
and if the death was:
- cause by a notifiable accident, poisoning or disease
can an inquest be held if the senior coroner thinks that there is sufficient reasons for doing so?
yes
who are the coroners jury?
- 7-11 persons
- eligible to be jurors in corn court
what is the job of the juror in coroner cases, 3 key questions?
- who the deceased was
- how, when where the deceased came by his/her death
- the particulars required to be registered concerning the death
What is required for a jury’s determination or finding under section 10(1)?
It must be unanimous, unless only one or two members disagree and the jury has deliberated for a reasonable time as determined by the senior coroner.
What must the coroner do before accepting a non-unanimous determination?
The coroner must require one jury member to publicly announce how many agreed and how many did not.
what happens if the jury cannot reach an agreement?
the coroner may discharge the jury and summon a new one in its place
