Inquests And Copyright Part 1

Question 1

What is an inquest?

Answer 1

Inquires into deaths and held in coroners court

Question 2

What is the function of a coroner?

Answer 2

Investigate certain types of deaths

Decide whether historical objects hound in ground should be classed as treasure

Question 3

What is a coroner?

Answer 3

They are either lawyers or doctors with over 5 years experience

Question 4

When does law say coroners have to investigate death?

Answer 4

Cause unknown

Death is violent or unnatural

Person died while in custody or state detention

Question 5

What are the kind of deaths that are investigated?

Answer 5

Violent or unnatural - crime, accidents, suicide, neglect

People in state detention include those held in police stations, mental health hospitals, immigration detentions etc

Not all investigations require an inquest - for example post mortem May find they died of old age etc

Question 6

What do inquests do?

Answer 6

Reassure public that suspicious deaths are investigated and try to prevent them from happening

Question 7

By holding an inquest what can coroners do?

Answer 7

Require a witness to testify

Question 8

Who decides whether coroner should investigate?

Answer 8

Anyone concerned about the circumstances of death can report it to a local coroner

Question 9

Who are deaths normally reported by

Answer 9

Police and doctors

Question 10

What does a coroner have the right to do to a body to make inquiries

Answer 10

Take possessions off body

Question 11

What is a pathologist

Answer 11

Examine body to determine cause of death

Question 12

What is the act to remember that came into force and changed the way the coroner system works why?

Answer 12

The coroners and Justice Act 2009

Changed the way death certificates were signed and introduced

Dr Harold Shipman (GP jailed for life, killed 250 victims injected them with diamorphine)

Question 13

What was the reform in the way death certificates were signed

Answer 13

Now need two doctors to sign death certificate

Question 14

What is the purpose of an inquest?

Answer 14

Ascertain identify of the deceased

Find out how, when and where person died

Enable corner to complete death certificate

Question 15

What exactly is an inquests purpose?

Answer 15

It’s a fact-finding hearing, to establish reason for death

Not to attribute blame and there is not a guilty or not guilty verdict

That is the role of the criminal courts

Question 16

What eventually happens with an inquest

Answer 16

Reaches a verdict

2009 Act abolished term verdict and replaced it with determination

But the term verdict is used colloquially

Question 17

What is an open verdict

Answer 17

Coroner fails to reach a conclusion about cause of death

Question 18

What a narrative verdict?

Answer 18

Coroner will read out short summary of what he or she has found to have happened

Question 19

What are most verdicts expressed as?

Answer 19

Short form words

Like natural causes

Accidental death

Suicide

Question 20

Can juries be used?

Answer 20

Most inquests are drawn up by the coroner alone

But juries of 7-11 people can be used to hear all evidence and decide on facts

Question 21

When is a jury required in an inquest case?

Answer 21

Under The Coroners and Justice Act 2009 inquests must be held with jury if

1) the deceased was in custody or state detention and death was either violent and unnatural and cause is unknown
2) Death resulting from act of police officer or member of police force if the armed serviced the execution of his/her duty
3) Death was caused by an accident, poisoning or disease, fall from high height at workplace etc

Question 22

What case can help you remember inquests

Answer 22

Hillsborough inquests

SYP famously blamed it on fans for arriving late and being drunk

Inquest rules died of accident 1991

Original verdict quashed in 2012, families finally got justice that they died unlawfully due to police management of situation

Criminal proceedings pending for some of the officers

Question 23

When does inquest case become active under COC Act 1981

Answer 23

As soon as coroner opens it

Question 24

What is usual practice of an inquest?

Answer 24

Initial briefing, called opening - for coroner to ascertain identify of deceased

Inquest can be adjourned to permit burial/cremation - having already had post mortem exam - usually resumed after period of week or months

Witnesses including police, doctors etc

Parties - such as Carehomes and hospitals represented by lawyers

Question 25

What powers to coroners have?

Answer 25

Judicial powers

Can jail witness for COC if they fail to attend etc

Coroner also has power to make S39 under CAYPA 1933 to prevent juveniles CIP to be identified by media

S11 of COC 1981 can be ordered to ban media publishing any name of witness identity

Question 26

What case can help you remember 2 police officers being granted anonymity?

Answer 26

Jean Charles De Menzes case

Question 27

What is coroner inquest rules?

Answer 27

Coroner may admit documentary evidence if witness not in court, may do this if it’s unlikely to be disputed or it’s impossible for witness to attend or in reasonable time

Coroner must announce witness name and nature of documentary evidence

Coroner can read documentary evidence aloud

Coroners can allow doc evidence to be inspected - including by journos (A10)

Question 28

How to appeal inquest case?

Answer 28

No direct route to appeal, but can appeal decision if aggrieved person with sufficient legal unrest in case - next of kin etc - can apply high court for judicial review

Could result in a fresh inquest

Question 29

What is purpose of inquests concerning treasure

Answer 29

To see if items found should be classed as treasure

Dates back to medical times

Can get put in museums if ruled treasure

If museums doesn’t get it landowner decides what to do with it

Rare and newsworthy inquests