However, there are significant differences. Below are some of the key differences which set them apart. Inquests take place when someone has died of unnatural circumstances and therefore, the four factors they determine, listed above, relate to who was the deceased, when did they die, where did they die and how did they die. Although most inquiries take place as a result of a significant event that has caused death, not all inquiries relate to loss of life, for example, the Independent Inquiry into Child Sexual Abuse.
It's also important to note that they are not mutually exclusive and in some cases an inquest can still take place following an inquiry. Both inquests and inquiries will look at the circumstances in which the deceased died, but an inquiry can go much further with its investigation than an inquest. An inquest considers a narrow set of issues and questions known as its "scope" whereas an inquiry has a broader discretion to consider a wider range of issues known as its "Terms of Reference".
Different legislation governs inquests and inquiries. As a result, the procedures for each of the powers of those presiding over the case vary dramatically. It's also of note that if the deceased died whilst in state custody, for example, in police custody, in prison or in a hospital setting as a mental health detainee, or if there is a significant wider public interest, Article 2 of the Human Rights Act could be engaged.
Whilst the legal framework for inquests allows Article 2 inquests to take place, it could be that the public interest is that significant and there's a greater need to understand matters to prevent similar deaths occurring, that an inquiry could be established. In these cases, it could be that the interests of a bereaved family are better served through a wider reaching public inquiry than an inquest and it's important to enlist proper specialist legal help.
Inquests usually last anything from one day to a few months. However, given the significant difference in the investigation, an inquiry can take much longer for a conclusion to be reached, and can often take several years.
After an inquiry there tends to be a lengthy report which would usually be published, whereas after an inquest, the Coroner simply writes their conclusion which, unless it's Article 2, will simply say who died, when, how and where.
In an Article 2 inquest there will be a longer narrative conclusion, also dealing with the circumstances of the death. However, where evidence is sensitive in nature, for example, if evidence had to be considered which might pose a risk to national security, inquiries can hold closed sessions which will be held out of the public forum and only the chair, the witness and the inquiry legal team with adequate security clearance will be privy to those sessions.
This can in some cases ensure credibility in the investigation's findings as all evidence is capable of being considered. This could lead to weakness in the investigation's findings.
Most inquests take half a day or less. We will give you an estimate when we call you about arranging the date. What happens if someone is responsible for my relative's death? It is important to understand that an inquest is different from a trial. It is not about deciding issues of guilt, blame or compensation. It is purely a fact-finding inquiry. These things are dealt with separately in the civil and criminal courts. The Coroner does not give out sentences or penalties. This means that there are some differences in the way an inquest runs.
For example, lawyers do not make opening and closing speeches, and questioning is straightforward and factual - there is no cross-questioning or attempts to 'trip up' a witness. People may have different opinions and be hoping for different outcomes. However, the inquest system still asks everyone to work in a spirit of co-operation to bring together a true account of what happened.
Home Births, marriages, deaths and nationality Deaths, funerals and cemeteries Coroners The inquest system. Births, marriages, deaths and nationality The inquest system What will happen in court? Where should I come? What is the courtroom like? Prosecutors may be invited by the Coroner to attend an inquest and can be summonsed if their absence has not been agreed by the Coroner.
The prosecutor's likely involvement will be peripheral or may not be relevant at all to the inquest hearing. Prosecutors should note there are two types of inquest they may be called to appears as a witness, each with different responsibilities for the CPS. Prosecutors should in the first instance clarify with the Coroner the type of inquest that will be heard and how their evidence will be relevant to the inquest proceedings.
Prosecutors should decline invitations to attend standard inquests on the grounds that their evidence would not necessarily be relevant to be heard during the inquest. Prosecutors may find they are summonsed to explain why a charging decision was not made despite being the case being in the Coroner's view in the public interest, or why delays to the progress of a prosecution case have occurred in more complex cases. Prosecutors should contact the Coroner and explain why the summons does not apply, and explain why the delays have occurred in writing.
Where the coroner insists that a prosecutor needs to comply with the summons request, a prosecutor should consider applying to have the summons set aside formally. Prosecutors should make an application to the coroner under Paragraph 1 4 Schedule 5 of the Coroners and Justice Act A prosecutor may receive an attendance request or summons to appear in front of an Article 2 inquest; compliance is essential where the CPS has been involved in the events that led to the death of the deceased.
For example, a typical scenario may arise where a CPS decision not to charge a suspect or where a bail application was not contested led to a suspect subsequently killing the deceased. Despite the involvement being of a peripheral nature, prosecutors need to comply with the Coroner's request as directed. It is essential the prosecutor's line management and CCP, or equivalent, is made aware of such proceedings.
Civil proceedings may also be instituted by the bereaved family in these circumstances; it is essential prosecutors inform their line management chain in order to facilitate the best response from the CPS. All inquests are held in public except in the 'interests of justice or national security' , allowing members of the public and journalists the right to attend.
Coroners are permitted to hold sections of inquests privately Rule 11 Coroners Inquest Rules , although this will only apply to a specific part of the hearing usually evidence that may prejudice or compromise national security if disclosed into the public domain. Powers for coroners and other judges to hold closed material proceedings are permitted under the provisions of sections of the Justice and Security Act Typically, the police will inform the Coroner of any reporting restrictions in place as a result of criminal proceedings ongoing and any subsequent impacts thereafter.
In most cases, reporting restrictions will be lifted following the finalisation of criminal proceedings, but it is for the police to ensure the Coroner is apprised of restrictions where required for a longer period. Coroners can impose reporting restrictions to ensure risks to prejudicing the administration of justice are avoided; these include specific powers to prohibit the publication of personal details of any children or young people who appear as a witness. In these circumstances the Coroner should notify the CPS and police.
Section 11 of the Contempt of Court Act provides that in any case where a court allows a name or other matter to be withheld from the public in proceedings before the court, the court may give directions prohibiting the publication of that name in connection with the proceedings. For further information on contempt, prosecutors should refer to legal guidance on Contempt of Court and Reporting Restrictions.
As mentioned above, criminal proceedings will usually be heard and finalised before an inquest is fully heard. Any civil proceedings for example for damages claims will normally follow an inquest, as all facts about the cause of death will then be known. Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place.
It will be for the Coroner and the relevant enforcing authority to decide the order in which the regulatory proceedings and inquest will take place.
This process was put in place following the case of R v Beedie 2 Cr. The Protocol has been designed to ensure effective liaison takes place between its signatories to avoid the problem of double jeopardy arising.
Coroners may request updates on the progress of a case, and there should generally be no obstacle preventing the prosecutor providing an update. Coroners most commonly seek a legal explanation of a CPS charging decision made or question its premise, and as a result ask to see a copy of the MG3.
As legal guidance on Disclosure of Material to Third Parties cites, the MG3 should not be routinely disclosed; however, information may be extracted to provide the Coroner with further details where required.
Prosecutors should refer to the legal guidance on Disclosure of Material to Third Parties for further information.
The report is for the Coroner only. Further onward disclosure would be for discussion with the police. The same principle will apply to disclosure of reports from the CPS.
Legal Professional Privilege LPP extends to confidential communications between a lawyer and client in the usual way and applies to oral and documentary evidence equally in the Coroner's Court. A Coroner has no power to order the production of documents where LPP applies; production can only be compelled through a High Court or County Court summons.
Prosecutors will be aware of the LPP that applies to specific case material and the MG3 - there is no statutory obligation for specific documents to be disclosed to a Coroner unless a summons has been issued. Prosecutors should use their discretion to determine the case information they disclose, but should note that information to be disclosed only needs to be relevant to the Coroner's inquest parameters; there is no requirement to disclose any specific information in statute governing the coroners' conduct.
Additionally, it is possible that a Coroner may read out communications from the CPS or others during the process of an inquest hearing. Unfortunately there is no mechanism to avoid this, but the disclosure of CPS communications may be prevented if the coroner is explicitly told of the restricted nature of the communication at the time it is sent. Local Safeguarding Children Board LSCB as introduced by section 13 of the Children Act are required to conduct a multi-agency Serious Case Review SCR where there has been a serious sexual abuse or impairment to the health and development of a child; or, where a vulnerable adult is experiencing abuse or neglect and has died following a serious incident.
Domestic Homicide Reviews DHRs introduced by section 9 of the Domestic Violence Crime and Victims Act , in April are multi-agency reviews undertaken following a domestic violence related homicide. Both reviews look at lessons to be learned from the circumstances of the death; they do not seek to reinvestigate the situation in which the death occurred, nor do they seek to apportion blame.
A Coroner can request information from the LSCB as part of their inquest investigation, and it is the responsibility of the Chair of the Board to make the decision as to what should be released. The Chair will usually consult with the agencies involved, and may request to agencies to suggest redactions to any document proposed for release. Given the CPS' role with these panels, it is likely that most information we provide to the Board or Panel will be disclosed; however, prosecutors should redact information if they consider it inappropriate to be disclosed.
It is likely that the Coroner will use the Report issued by the Safeguarding Board or Panel to make recommendations to specific agencies where the death of the individual could have been prevented under the Preventing Future Deaths Reports. The High Court said that disclosure was permitted only to the Coroner and not to interested parties at any request. Coroners often query why charges have not been brought when in their view it is in the public interest to charge a suspect s.
Prosecutors may need to explain the stages of the Full Code Test in detail to reassure the Coroner that thorough considerations have been made. The Coroner has the discretion to resume an inquest or not following the conclusion of criminal proceedings see paragraph 7 of Schedule 1 of the Coroners and Justice Act ; there will sometimes be a resumption of an inquest, despite a suspect being convicted of one of the offences listed in paragraph 1 6 of Schedule 1 of the Coroners and Justice Act When a coroner resumes an inquest following criminal proceedings, the coroner must ensure the outcome of the verdict is not inconsistent with the relevant criminal proceedings or other reason s that the Coroner's investigation had been originally suspended paragraph 8 of Schedule 1 of the Coroners and Justice Act CPS prosecutors are sometimes asked to assist coroners make a request to a foreign authority for particular information even where there is no criminal prosecution in the UK, for example a copy of an autopsy report or to obtain statements from witnesses abroad.
This is because in some countries the investigation and evidence gathering process is a judicial not a law enforcement function. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.
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Top menu Careers Contact. Coroners Updated: 02 February Legal Guidance. Introduction What is a Coroner? Office of the Chief Coroner What does a Coroner do? Coroners automatic jurisdiction Are all deaths reported to a Coroner?
What will a Coroner do when a death is reported? Will the Coroner arrange a second post mortem? Inquests What is an inquest? What is a Coroner? What does a Coroner do? Coroners inquire into the causes and circumstance of a death under section 5 of the Coroners and Justice Act ; inquiries are directed solely to ascertain: who the deceased was; how, when and where the deceased came by his or her death; and, the particulars if any required by the Births Deaths and Registrations Act to be registered concerning the death.
Coroners automatic jurisdiction Prosecutors should note there is one circumstance where the coroner will have automatic jurisdiction power to exercise their function : where a death caused by natural causes occurs in a prison or other place of 'custody'. Are all deaths reported to a Coroner? Road traffic collision deaths Where there appears to be a genuine prospect of a prosecution for death by careless or dangerous driving then the police may indicate to the coroner that they would like the coroner to authorise a full forensic post-mortem examination which may amount to a second post-mortem examination if the coroner has already authorised a post-mortem examination.
Inquest conclusions There is no definitive list of conclusions available to a Coroner. The coroner will suspend his or her investigation and adjourn any inquest held as part of that investigation upon the police notification, pending completion of the police investigation and, where appropriate, prosecution.
The police will, when referring a case to the CPS for early advice or where a charging decision is being requested, provide the details of the coroner to enable the prosecutor to establish early contact. The CPS will notify the coroner where his or her investigation can run in parallel with the criminal proceedings. The coroner will only resume the investigation and any inquest where one was adjourned after the outcome of the criminal proceedings is communicated by the appropriate officer of the court or where the coroner is informed that there is to be no prosecution.
Narrative conclusions Coroners or a jury may also deliver a 'narrative' conclusion which sets out the facts surrounding the death in more detail. Coronial jurisdictions Coroners will conduct inquests into a death where the deceased's body is lying in their district geographical 'jurisdiction' ; prosecutors should note the provision in the Coroners and Justice Act brought into force, by Commencement Order No.
Inquests for destroyed or irrecoverable bodies Where there has been destruction of a body - by fire for example - or where the body may be irrecoverable such as 'lost at sea' an inquest will be held as defined by section 1 of the Coroners and Justice Act Attorney General's order to hold an inquest The Attorney General, under the Coroners and Justice Act Consequential Provisions Order , has a public interest function independent of the Government, to decide whether to apply to the High Court for an inquest.
Article 2 inquests: 'Jamieson' inquests and 'Middleton' inquests Article 2 inquests are enhanced inquests held in cases where the State or 'its agents' have 'failed to protect the deceased against a human threat or other risk' or where there has been a death in custody. Article 2 2 of the European Convention of Human Rights ECHR - the right to life - states that: 'Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: in defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; in action lawfully taken for the purpose of quelling a riot or insurrection.
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