Inquests Flashcards
Why would a coroner’s court hold an inquest? 2 Reasons
- To investigate a death: find out identity of who died, find out when, when, where, how they died and to enable coroner to register particulars about the death
- To decide whether a found object should be defined as treasure: if an object contain gold/silver AND if it is found with other such items, in which case such things by law can be acquired by a museum.
How can a decision by an inquest jury/coroner be challenged?
No direct right of appeal but appeal can be made by applying to high court for judicial review. Inquest verdict can be quashed and judge can order fresh inquest to be held.
Media Restrictions
Media can be shut out of inquest hearings on grounds of national security as stated in Coroners Inquest Rules.
Evidence
Evidence can be taken in written form if it is unlikely to be disputed or witness cannot attend.
In such circumstances coroner must announce witness’ name and the nature of the evidence.
When are inquests active?
Contempt of Court Act 1981: An inquest becomes active as soon as the coroner opens it.
*In some inquests a jury may be involved meaning added risk of breaching strict liability rule§
Narrative Verdicts
Coroners and juries can give narrative verdict of events which led to and/or caused a death. Can still choose succinct, shorter verdict.
Juries at an inquest
Inquest must be held with jury if senior coroner has reason to suspect that death falls into one of following:
1. Deceased was in custody/state detention AND death violent/unnatural/cause unknown.
2. Death resulted from act or omission of police office/member of police force/of armed services in execution of his/her duty
3. Death caused by types of accidents/poisoning/disease which by law must be notified to govt dept or inspector
4. Inquest can also be held for any other type of death with jury if Senior coroner thinks there is ‘sufficient
reason’
Jury at least 7, no more than 11 people. Selected randomly from electoral roll. Illegal to ask inquest juror about his/her or jury’s confidential deliberations or publish info about those deliberations.
Ethical considerations for inquests of a suicide
Clause 5 ECOP: ‘When reporting suicide to prevent simulative acts care should be taken to avoid excessive detail of method uses while taking into account media’s right to report legal proceedings.’
Section 2 of OFCOM Broadcasting Code: ‘Methods of suicide/self-harm must not be included in programmes except where editorially justified and justified by context.’
