Court Reporting 9 - Other Matters Concerning Coroners

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Purposes of an inquest

The purposes of an inquest into a death are:

  • to determine who the deceased was
  • to determine how, when and where they came by their death
  • to make findings on the particulars of the death which have to be registered according to statute
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Juries in inquests

In most inquests a coroner sits alone. But juries are called in some to decide on facts, with the coroner presiding to rule on law and procedure.

The Coroners and Justice Act 2009 requires an inquest to be held with a jury if the senior coroner has reason to suspect that the death falls into one of three categories:

  • the deceased was in custody and the death was either violent or unnatural or the cause was 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 their duty
  • the death was caused by one of the types of poisoning or disease or accidents, such as a workplace fatality, which by law must be notified to a Government department or inspector

Juries can also be used if the senior coroner thinks there is sufficient reason. There are at least 7 people and not more than 11 on an inquest jury.

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Conclusions in inquests

An inquest into a death produces a categorising decision on what caused it, known as a conclusion. Conclusions can be expressed in short-form such as 'natural causes' or misadventure. Narrative conclusions are used when a short-form answer doesn't fit the conclusion. An open conclusion is when it's decided there is insufficient evidence for any other conclusion.

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Exclusion from inquests

Rule 11 of the Coroners (Inquests) Rules 2013 says any pre-inquest hearing and the inquest hearing must be held in public, but:

  • it can be directed that public are excluded from a pre-inquest review if it would be in the interests of justice but this must not be used over-restrictively
  • a coroner who does not have immediate access to a courtroom or other appropriate place to open the inquest may open it privately and then in the next hearing in public announce it has been opened
  • all public, including press, can be excluded in the interests of national security

Chief Coroners guidance says journalists should be given notice of plans to exclude them so they can appeal if they wish

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'In writing' inquests

Coroners have the power after an inquest has been opened to conduct the rest of the hearing 'in writing' - without any further court hearing if decided a further hearing is unnecessary e.g. if their findings are unlikely to be contentious and because it appears there is no public interest.

Relatives of the deceased have a right to object to this.

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Access to evidence and recordings

The Chief Coroner's guidance is that a journalist should be allowed to inspect or make a copy of any written evidence.

The 2013 rules require coroners to keep an audio recording of every inquest hearing. The Coroners (Investigation) Regulations allow a copy of a recording to be provided to anyone considered by the coroner to be a proper person to have possession of it. A £5 charge can be made for the copy.

The guidance also says members of the press should be allowed to inspect and copy the completed 'Record of Inquest' - the official document recording the findings, the determination, and the conclusion

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Treasure inquests

The Treasure Act 1996 empowers coroners courts to determine whether historical objects found on or buried in the ground should be classed as' treasure.' Those who find such objects must declare discoveries so museums can decide if they want the articles. If they do, a reward based on the find's value is paid to the finder and possibly the landowner. The Act 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% old or silver, and any other object found with it
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Inquest appeals

There is no direct route of appeal against an inquest decision, but you can apply to the High Court for a judicial review. This could result in that court making an order to quash an inquest's decision and to order a fresh inquest to be held.

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