lecture 8: HM Coroner Flashcards
what is a HM coroner?
independent officer of the crown
who can be a HM coroner?
a solicitor or doctor appointed by the local council
what does the HM coroner do?
investigate deaths that are unnatural or unexpected
when cause is unknown
if death occurred in state detention
what does the HM coroner aim to do?
establish all the facts
who died
when they died
how they died
list of deaths that MUST be investigated even if cause is known
if deceased was not seen by a doctor during their illness
no death certificate available
death certificate cannot be signed by a doctor within 14 days
death occurred during surgery or before emerging anaesthetic
occurred due to industrial disease/ poisoning
sudden and unexplained
primary mode of investigation is the _______.
inquest
can a witness be the family of the deceased?
yes
can the media attend?
yes its an open court
is the expert witness paid?
yes to provide a service
what does the expert witness do?
reviews the case and offers opinion
if evidence that a crime has been committed emerges, what must happen?
court must adjourn the inquest until after criminal proceedings are completed
can a witness bring legal representation to a coroners court?
yes
can you refer to your notes and take copies of records etc?
yes
what should you do at the initial summons?
reread notes
go over records
alert representation if you have them
do you have to say anything that incriminates you
no
does the coroner issue verdicts?
no, issues conclusions
what must the coroner produce at the end?
a narrative decision where the details of the case are outlined and decisions are explained in detail
what is the rule 43 report?
a formal letter from the coroner to interested parties in order to prevent future deaths
do you need to respond to this letter?
yes in writing
what is the fate of these letters?
copied to the lord Chief Justice and are summarised twice a year
if you are served with a rule 43 letter?
you must act on it immediately
when in relation to the inquest can civil litigation (law suit) occur?
after the inquest has concluded
who do you need to make aware of your involvement in proceedings?
indemnity insurer
how do courts see things that have been done but not recorded?
not done
