lecture 8: HM Coroner Flashcards

1
Q

what is a HM coroner?

A

independent officer of the crown

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2
Q

who can be a HM coroner?

A

a solicitor or doctor appointed by the local council

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3
Q

what does the HM coroner do?

A

investigate deaths that are unnatural or unexpected
when cause is unknown
if death occurred in state detention

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4
Q

what does the HM coroner aim to do?

A

establish all the facts
who died
when they died
how they died

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5
Q

list of deaths that MUST be investigated even if cause is known

A

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

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6
Q

primary mode of investigation is the _______.

A

inquest

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7
Q

can a witness be the family of the deceased?

A

yes

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8
Q

can the media attend?

A

yes its an open court

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9
Q

is the expert witness paid?

A

yes to provide a service

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10
Q

what does the expert witness do?

A

reviews the case and offers opinion

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11
Q

if evidence that a crime has been committed emerges, what must happen?

A

court must adjourn the inquest until after criminal proceedings are completed

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12
Q

can a witness bring legal representation to a coroners court?

A

yes

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13
Q

can you refer to your notes and take copies of records etc?

A

yes

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14
Q

what should you do at the initial summons?

A

reread notes
go over records
alert representation if you have them

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15
Q

do you have to say anything that incriminates you

A

no

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16
Q

does the coroner issue verdicts?

A

no, issues conclusions

17
Q

what must the coroner produce at the end?

A

a narrative decision where the details of the case are outlined and decisions are explained in detail

18
Q

what is the rule 43 report?

A

a formal letter from the coroner to interested parties in order to prevent future deaths

19
Q

do you need to respond to this letter?

A

yes in writing

20
Q

what is the fate of these letters?

A

copied to the lord Chief Justice and are summarised twice a year

21
Q

if you are served with a rule 43 letter?

A

you must act on it immediately

22
Q

when in relation to the inquest can civil litigation (law suit) occur?

A

after the inquest has concluded

23
Q

who do you need to make aware of your involvement in proceedings?

A

indemnity insurer

24
Q

how do courts see things that have been done but not recorded?

A

not done