Inquests in
England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "
treasure troveA treasure trove may broadly be defined as an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable...
". In
England and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
inquestInquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
s are the responsibility of a coroner.
Where an inquest is needed
There is a general duty upon every person to report a
deathDeath is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
to the coroner if an inquest is likely to be required. However, this duty is largely unenforceable in practice and the duty falls on the responsible registrar. The registrar must report a death where:
- The deceased was not attended by a doctor
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
during their last illness;
- The cause of death has not been certified by a doctor who saw the deceased after death or within the 14 days before death;
- The cause of death is unknown;
- The registrar believes that the cause of death was unnatural, caused by violence, neglect or abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, or occurred in suspicious circumstances;
- Death occurred during surgery
Surgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
or while under anaesthetic;
- The cause of death was an industrial disease.
The coroner must hold an inquest where the death was:
- Violent or unnatural;
- Sudden and of unknown cause; or
- In prison or police custody.
Where the cause of death is unknown, the coroner may order a post mortem examination in order to determine whether the death was violent. If the death is found to be non-violent, an inquest is unnecessary.
In 2004 in England and Wales, there were 514,000 deaths of which 225,500 were referred to the coroner. Of those, 115,800 resulted in post-mortem examinations and there were 28,300 inquests, 570 with a jury.
Juries
A coroner must summon a
juryIn the legal jurisdiction of England and Wales, there is a long tradition of jury trial that has evolved over centuries.-History:The English jury has its roots in two institutions that date from before the Norman conquest in 1066...
for an inquest if the death occurred in
prisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
or in
policeThe police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
custody, or in the execution of a police officer's duty, or if it falls under the Health and Safety at Work etc. Act 1974, or if it affects
public healthPublic health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
or safety. The coroner can also call a jury at her or his own discretion. This discretion has been heavily litigated in light of the
Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, which means that juries are required now in a broader range of situations than expressly required by statute.
Scope of inquest
The purpose of the inquest is to answer four questions:
- Identity of the deceased;
- Place of death;
- Time of death; and
- How the deceased came by his death.
EvidenceThe law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
must be solely for the purpose of answering these questions and no other evidence is admitted. It is not for the inquest to ascertain "how the deceased died" or "in what broad circumstances", but "how the deceased came by his death", a more limited question. Moreover, it is not the purpose of the inquest to determine, or appear to determine,
criminalCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
or civil liability, to apportion
guiltGuilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
or attribute blame. For example, where a prisoner
hangedHanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
himself in a cell, he came by his death by hanging and it was not the role of the inquest to enquire into the broader circumstances such as the alleged neglect of the prison authorities that might have contributed to his state of mind or given him the opportunity. However, the inquest should set out as many of the facts as the public interest requires.
Under the terms of article 2 of the European Convention of Human Rights, governments are required to "establish a framework of laws, precautions, procedures and means of enforcement which will, to the greatest extent reasonably practicable, protect life." The
European Court of Human RightsThe European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
has interpreted this as mandating independent official investigation of any death where public servants may be implicated. Since the
Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
came into force, in those cases alone, the inquest is now to consider the broader question "by what means and in what circumstances".
In disasters, such as the
King's Cross fireThe King's Cross St. Pancras tube station fire was a fatal fire on the London Underground. It broke out at approximately 19:30 on 18 November 1987, and killed 31 people....
, a single inquest may be held into several deaths. However, when several protesters were shot and killed by police in
MitchelstownMitchelstown is a town in County Cork, Ireland with a population of approximately 3300. Mitchelstown is situated in the valley to the south of the Galtee Mountains close to the Mitchelstown Caves and is 28 km from Cahir, 50 km from Cork and 59 km from Limerick...
in 1887, the findings of a common inquest were quashed because the killings had taken place at different times and in different places.
Procedure
Inquests are governed by the Coroners Rules. The coroner gives notice to near relatives, those entitled to examine
witnessA witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es and those whose conduct is likely to be scrutinised. Inquests are held in public except where there are real issues of
national securityNational security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
.
Individuals with an interest in the proceedings, such as relatives of the deceased, individuals appearing as witnesses, and organisations or individuals who may face some responsibility in the death of the individual, may be represented by lawyers at the discretion of the coroner. Witnesses may be compelled to testify subject to the privilege against self-incrimination.
Verdict
The following verdicts are not mandatory but are strongly recommended:
- Category 1
- Natural causes;
- Industrial diseases
- Dependency on drugs or non-dependent abuse of drugs;
- Want of attention at birth
Birth is the act or process of bearing or bringing forth offspring. The offspring is brought forth from the mother. The time of human birth is defined as the time at which the fetus comes out of the mother's womb into the world...
;
- Lack of care or self-neglect;
- Category 2
- Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
;
- Attempted or self-induced abortion;
- Accident or misadventure;
- Execution of sentence of death
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
;
- Lawful killing (formerly "justifiable homicide");
- Open verdict
The Open verdict is an option open to a Coroner's jury at an Inquest in the legal system of England and Wales. The verdict strictly means that the jury confirms that the death is suspicious but is unable to reach any of the other verdicts open to them...
(cause of death unknown or unstated);
- Category 3 - Unlawful killing
In English law unlawful killing is a verdict that can be returned by an inquest in England and Wales when someone has been killed by one or several unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter,...
- Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
;
- Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
;
- Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
;
- Category 4
In 2004, 37% of inquests recorded an outcome of death by accident / misadventure, 21% by natural causes, 13% suicide, 10% open verdicts, and 19% other outcomes.
If an open verdict is returned, the inquest can be reopened if new evidence is found and presented to the coroner.
Reform
Owing to dissatisfaction with the current system, and in particular because of perceived failures to arrest the
murderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
spree of
Harold ShipmanHarold Fredrick Shipman was an English doctor and one of the most prolific serial killers in recorded history with 218 murders being positively ascribed to him....
, proposals have been made for reform. A draft
billA bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was published on 12 June 2006. The principle draft reforms are:
- Greater rights of bereaved people to contribute to coroners' investigations;
- A new office of chief coroner to lead and supervise practice;
- Full-time coroners with new district boundaries;
- Broader investigatory powers for coroners;
- Improved medical support for coroners' investigation and decision making;
- Vesting of treasure jurisdiction in the new office of treasure coroner with national responsibility.
See also
- Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
- Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
- Committal procedure
In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions outside the United States...
- Immunity from prosecution
- Fatal accident inquiry
A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland...
, Scotland
External links
This act extends to England and Wales only.
- Coroners Rules 1984, SI1984/552, as amended and in force as of 21 October 2007. from the Coroners' Law Resource