In the UK, upon a person’s death, a medical practitioner will register that death. However, in certain situations, a coroner may investigate the death and conclude as to how the person died, before registering the death. This investigation can sometimes result in the need for a coroner’s inquest. An inquest is usually held in a public court where the coroner will examine the circumstances of the person’s death and sometimes calls relevant witnesses to give evidence about how the deceased came to die. An inquest is entirely separate from any civil or criminal proceedings that may arise out of a death. A coroner is also prohibited from making findings determining questions of civil or criminal liability. That being said, the evidence a coroner obtains as part of their investigation are frequently relevant to any civil proceedings that may arise from the circumstances of death. The circumstances that will require a coroner to investigate a death are when: The coroner has a broad range of discretion in deciding what constitutes a violent or unnatural death. In circumstances where a person has died of a natural cause a coroner may find the death to be unnatural if there’s reason to suspect the condition was triggered or accelerated by inappropriate treatment or exposure to dangerous materials, such as asbestos. This will then require a coroner’s investigation. The main purpose of a coroner’s investigation is to answer the following key questions: A coroner usually has wide-ranging discretion determining how someone died. However, in certain circumstances, Article 2 of the European Convention of Human Rights (ECHR) requires a coroner to undertake an enhanced investigation to examine the ‘broad circumstances’ of how a person arrived at their death. Very simply, such an investigation is required if a person has died in state detention and in circumstances where the state is, arguably, implicated. This could be when a state body failed to provide adequate systems to prevent the death occurring and/or if a state body has been grossly negligent (to the extent it could be considered criminal). In such investigations, coroners must ensure the person’s next of kin are fully involved, and the investigation is effective and independent. At the end of the investigation, the coroner will complete a Record of Inquest. This document includes: The conclusion must not be framed in a way that might determine any question of civil or criminal liability on the part of a named person. However, if a coroner feels the investigation shows existing circumstances pose a risk of further deaths and that actions should be taken, the coroner is under a duty to make a report. This can be very important for families seeking to ensure steps are taken so the circumstances leading to the death of a loved one are no longer allowed to exist. Those who the coroner considers ‘interested persons’ are entitled to participate. They could include: The rights of an interested person to participate in an inquest include the right to: Ask questions of any witness giving evidence at the inquest. Inquests are not usually heard in front of a jury, however there are cases in which it is mandatory. This is the case if the death occurred in the custody of the state and one of the following also applies: The Coroner does have discretion to call a jury where he/she feels that it is necessary in the wider public interest. In extremely limited circumstances, Legal Aid is available for the provision of legal advice and representation at an inquest. However, if a death was caused or contributed to by negligence or a violation of the deceased’s human rights, and a successful civil claim arises from the death, reasonable legal costs associated with preparation for and representation at an inquest should be recoverable from the defendant to such a claim. The death of a loved one is an extremely distressing time for anyone and a coroner’s inquest can be very intimidating, especially for families who have no experience of the legal system. If you believe that a person’s death was someone’s fault (after an accident, or treatment which went wrong) then you should take specialist legal advice. At P.A.Duffy & Co we have solicitors that specialise in inquest law and fatal accidents and we regularly represent families at coroner’s inquests. We are always willing to discuss ways in which we can help. To contact us please complete our contact form or call our Dungannon office on 028 8772 2102 or Dublin office on 01 533 7860.What is a Coroner’s Inquest?
When Will The Coroner Investigate a Death?
What Questions Will The Coroner’s Investigation Look To Answer?
What Will The Outcome Of The Coroner’s Investigation Be?
Who Can Participate In A Coroner’s Investigation?
Will There Be A Jury Present?
What Funding Is Available For Representation At An Inquest?
How Can P.A.Duffy & Co Help You With An Inquest?
Everything You Need To Know About A Coroner’s Inquest was last modified: February 8th, 2021 by
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