Part 9 - Other matter concerning coroners Flashcards
What is the purpose of coroners’ courts in death inquests?
- to determine who the deceased was
- to determine how, when and where he/she came by his/her death
- to make ‘findings’ on the particulars about the death which have to be registered according to statute
What is the first stage of an inquest? What may happen after?
The opening, in which the primary purpose is to hear evidence about and to determine who the dead person is.
The inquest may then have to be adjourned to a later date for evidence to be heard on other matters relevant to the inquest’s purpose and so for other determinations/the verdict to be reached, e.g. on how he/she died.
In inquests, what are the forms in which a determination/verdict can be given?
It can be in ‘short form’, comprising of a single word or short phrase, or in ‘narrative’ form, which is a statement summing up the coroner’s or jury’s conclusions on how the deceased came to die, providing some factual detail.
What do the Coroners (Inquests) Rules say about open justice at inquests?
Inquests must generally be held in public but the media and public may be excluded from an inquest by a coroner on the ground of national security.
What do the Coroners (Inquests) rules say about evidence in inquests?
Evidence can be taken in written form if it is unlikely to be disputed or the witness cannot attend, but the coroner in such circumstances must announce the witness’s name and nature of the evidence.
If the coroner decides he/she will not read all or part of such written evidence aloud he/she must make a formal ruling (direction) to justify this decision.
What does the Chief Coroner’s guidance say about allowing journalists to see evidence in inquests?
The Chief Coroner’s guidance to coroners is that the presumption is that a journalist should be allowed to inspect or make a copy of any written evidence, and so a journalist applying to inspect such a document can cite that guidance, the open justice principle in common law, Article 10 and case law on open justice, and in particular the Supreme Court’s judgement in the Cape Intermediate Holdings case and the Court of Appeal’s judgement in the Guardian News and Media case. The application should state why access to and publication of material will advance the open justice principle.
What is a ‘Record of Inquest’ and what is the Chief Coroner’s guidance regarding it?
The Chief Coroner’s guidance to coroners is that journalists should be able to inspect and copy the completed ‘Record of Inquest’ which is the official document recording the particulars of the death and deceased person which have to be officially registered, and the determination/verdict.
What types of inquests into death may involve a jury?
If the senior coroner has reason to suspect that the death falls into one of the following categories:
- the deceased was in custody or otherwise in state detention AND the death was either violent or unnatural or the cause is unknown
- the death resulted from an act or omission of a police officer or member of a police force of the armed services in the execution of his/her duty
- the death was caused by those types of accident, poisoning or disease, such as workplace fatalities, which by law must be notified to a Government department or inspector
How many jurors are on an inquest jury?
At least seven and not more than eleven.
What is the purpose of coroners’ courts in treasure inquests?
To determine whether historical objects found on or buried in the ground should be classed as ‘treasure’.
What does the term ‘treasure’ mean in the context of treasure inquests?
The Treasure Act 1996 has various definitions of treasure, including:
‘A found object which is not a single coin, is at least 300 years old and contains at least 10 per cent gold or silver, and any other object found with it.’
What are possible consequences of a decision that an object is treasure?
It may be acquired by a museum, with a reward based on the find’s value paid to the finder and possibly the landowner.
Outline the legal route by which an inquest decision can be challenged and what the High Court may decide.
There is no direct route of appeal against an inquest decision, but one can apply to the High Court for a judicial review. This could result in that court making an order to quash an inquest’s decisions and to order that a fresh inquest should be held.
