Inquests And Copyright Part 1 Flashcards
What is an inquest?
Inquires into deaths and held in coroners court
What is the function of a coroner?
Investigate certain types of deaths
Decide whether historical objects hound in ground should be classed as treasure
What is a coroner?
They are either lawyers or doctors with over 5 years experience
When does law say coroners have to investigate death?
Cause unknown
Death is violent or unnatural
Person died while in custody or state detention
What are the kind of deaths that are investigated?
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
What do inquests do?
Reassure public that suspicious deaths are investigated and try to prevent them from happening
By holding an inquest what can coroners do?
Require a witness to testify
Who decides whether coroner should investigate?
Anyone concerned about the circumstances of death can report it to a local coroner
Who are deaths normally reported by
Police and doctors
What does a coroner have the right to do to a body to make inquiries
Take possessions off body
What is a pathologist
Examine body to determine cause of death
What is the act to remember that came into force and changed the way the coroner system works why?
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)
What was the reform in the way death certificates were signed
Now need two doctors to sign death certificate
What is the purpose of an inquest?
Ascertain identify of the deceased
Find out how, when and where person died
Enable corner to complete death certificate
What exactly is an inquests purpose?
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
What eventually happens with an inquest
Reaches a verdict
2009 Act abolished term verdict and replaced it with determination
But the term verdict is used colloquially
What is an open verdict
Coroner fails to reach a conclusion about cause of death
What a narrative verdict?
Coroner will read out short summary of what he or she has found to have happened
What are most verdicts expressed as?
Short form words
Like natural causes
Accidental death
Suicide
Can juries be used?
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
When is a jury required in an inquest case?
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
What case can help you remember inquests
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
When does inquest case become active under COC Act 1981
As soon as coroner opens it
What is usual practice of an inquest?
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
What powers to coroners have?
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
What case can help you remember 2 police officers being granted anonymity?
Jean Charles De Menzes case
What is coroner inquest rules?
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)
How to appeal inquest case?
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
What is purpose of inquests concerning treasure
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
