probate.png

Inquests

What is the purpose of an inquest?

The purpose of an inquest is to find out who died and how, where and when the death occurred. Inquests also deal with interesting items such as treasure trove.
The purpose of an inquest is not to apportion blame merely to find out the facts. The verdict cannot determine civil or criminal liability.

Who conducts the proceedings?

All proceedings at a Coroners Court are overseen by a Coroner or a deputy Coroner. He or she is an independent judicial officer appointed by the Secretary of State and will either be a Barrister a Solicitor or a Doctor of Medicine.
The day to day administration of a Coroners court is run by a police officer attached to the Coroner as his aid.

Where are they held?

Some large city areas have designated Coroners Courts otherwise the Coroner will normally sit in a Magistrates court.

What precisely does the Coroner do?

The Coroner may be satisfied that the death was due to natural causes and that there was a doctor who is able to certify the cause of death. If this is not the case, the Coroner arranges to have the body removed and for an examination to be made. If an examination is required it will be done by a qualified Pathologist. If the Pathologist is satisfied and the Coroner accepts death was due to natural causes the body will be released as soon as the certificate for burial cremation has been issued.

What if the death is not due to a natural cause?

The Coroner is obliged to hold an inquest. If this is the case it will be necessary for the body to formally identified. Often identification is given by a member of the family. In cases where a person suffered from severe injuries the coroner will usually accept other form s of evidence such as comparison with Dental Records.
Following a sudden death the bereaved may prefer not to see the deceased and give evidence of identification but some members of the family may wish to see the body particularly if they where not present at the death.
It is possible to arrange a viewing at the mortuary but generally preferable to do this after the inquest hearing has been opened and the body released to the Funeral Directors.
In exceptional cases, if for example there are suspicious circumstances relating to the death the Coroner may decide to keep the body for a limited period in case a second post mortem examination is necessary.

Can we request are own post-mortem?

In certain circumstances a second post-mortem will be necessary and can be requested this of course will have to be funded by the person requesting the post-mortem.

Is the inquest a trial?

No, an inquest is an enquiry that is held to establish the facts. The purpose of the inquest is to obtain the identity of the deceased, when and how the death occurred and to establish the particulars that have been registered by the registrar of deaths.
The inquest is not an attempt to allocate responsibility for the death as a trial would do.

Can the deceased's family be legally represented?

Parents, Child, Spouse or a probably interested person are entitled to represented and to ask questions the Coroners officer will advise whether or not the person has a proper interest.

Which witnesses can attend?

Those that a Coroner thinks are required. The Coroner decides which witnesses should be asked or summoned to attend and the order in which they should give their evidence. Any one who can give evidence is entitled to come forward at an inquest without being summoned by the Coroner but all evidence much be relevant to the inquest.
Any person who has a proper interest may ask a question.

Will the inquest be reported?

Yes - every inquest save those that involve national security are held in public and the press can be present and report the findings. The inquest will seek to present the truth and can often help to counter rumours or untrue stories about death.