X Media Law: 12 Reporting inquests

Question 1

what is (and is not) the purpose of an inquest?
[3]

Answer 1

• find out who the deceased is
• find out how they died
• NOT to apportion blame

Question 2

which legislation updated inquest laws?

[1]

Answer 2

• Coroners and Justice Act 2009

Question 3

what kinds of death go to inquest (CJA)

[3]

Answer 3

• cause of death unknown
• violent or unnatural
• died in custody or other state of detention

Question 4

fraction of deaths that go to inquest

[1]

Answer 4

• 1 in 20

Question 5

who presides over a coroner’s hearing

[1]

Answer 5

• a coroner (duh)

Question 6

who used to be coroners?

[2]

Answer 6

• solicitors

- senior doctors

Question 7

how has CJA changed coroners?

[2]

Answer 7

• provides a hierarchy of coroners

- now need to meet same requirements as a judge

Question 8

new coroner hierarchy

[3]

Answer 8

• Senior Coroners
• Area Coroners
• Assistant Coroners

Question 9

instances where juries used in coroners court

[6]

Answer 9

• died in custody/detention AND death unnatural or unknown
• death caused due to omission of police duty
• caused by ‘notifiable’ accident, poisoning or disease
• if coroner deems ‘sufficient reason’ to use jury

Question 10

DEF: ‘notifiable’ disease

[1]

Answer 10

• a disease that an Act has deemed ‘notifiable’

Question 11

stages of coroner’s hearing

[2]

Answer 11

• first hearing: soon after death, then adjourned for investigations
• second hearing: coroner asks witnesses questions, etc.

Question 12

why is questioning at coroners different to criminal case?

[2]

Answer 12

• aimed at finding truth (not defence/prosecution)

- relatives or implicated parties can also ask questions

Question 13

common terms in inquest verdicts

[9]

Answer 13

• natural causes
• lawful killing
• unlawful killing
• dependence on drugs
• want of attention at birth
• suicide
• accident or misadventure
• industrial disease
• open verdict

Question 14

DEF: alternative (more flexible) option for verdict

[1]

Answer 14

• ‘narrative verdict’ (explaining circumstances of death)

Question 15

action taken when organisation involved in death

[4]

Answer 15

• s43 CJA 2009
• coroner sends report highlight organisation’s failings
• 56 days to reply, explaining how they’ve met failings
• MoJ has started posting these response online

Question 16

how do inquests relate to criminal proceedings?

[3]

Answer 16

• inquest opened for simple ID and cause of death
• then closed until after criminal proceedings
• not usually reopened unless criminal proceedings didn’t sufficiently deal with death (e.g. case didn’t finish)

Question 17

what happens when a number of people die in a major incident

[2]

Answer 17

• public inquiry opened into incident

- Lord Chancellor can direct closing of any inquests into individual deaths (usually not reopened)

Question 18

what can ‘interested persons’ appeal at inquest (CJA)

[5]

Answer 18

• investigation into death in the first place
• discontinue investigation
• rule out post-mortem examination
• summon jury
• exclude people from all/part of hearing

Question 19

what is the other, totally different, role of coroner?

[1]

Answer 19

• deciding ownership of valuable archaeological finds

Question 20

when are coroners inquests NOT open?

[2]

Answer 20

• coroner decides national security issue

- CJA: ministers can decide sensitive deaths can be looked at by judicial inquiry (behind closed doors)

Question 21

who informs media of inquest?

[2]

Answer 21

• no statutory right to be informed

- BUT coroners should make efforts to ensure press (especially local papers) are informed

Question 22

are inquests covered by contempt of court?

[4]

Answer 22

• YES
• considered active when inquest opens (even if posted indefinitely)
• if inquest precedes criminal trial, it is NOT contempt to report on it
• BUT if report then affects case (e.g. has to move location) publisher might be liable for the costs

Question 23

does defamation apply in inquests?

[2]

Answer 23

• covered by absolute privilege

- anything can be reported so long as it’s fair, accurate and contemporaneous

Question 24

what sections from contempt legislation can be applied to coroners inquest?
[2]

Answer 24

• s4(2) and s11 orders (CCA 1981)

- s39 (CYPA 1933)

Question 25

what are the rules on written evidence?

[4]

Answer 25

• Rule 37 in Coroners Rules 1984
• evidence can be in written form is unlikely to be controversial
• coroner must read name then read statement aloud
• discretion to not read statement (e.g. suicide notes and psychiatric reports)

Question 26

who’s the best press contact at coroners court?

[1]

Answer 26

• coroners officer (police officer attached to court)

Question 27

PCC guidelines on reporting inquests

[2]

Answer 27

• discretion, sympathy, sensitivity

- suicides: no excessive detail about the act

Question 28

Ofcom guidelines on reporting inquests

[3]

Answer 28

• people in distress should not be pressured to take part in programme (unless warranted)
• broadcasters should attempt to reduce stress
• surviving victims / immediate family should be informed of coverage (even if case covered elsewhere previously)