At the Inquest hearing
Every inquest is different, as its length, type and the issues to be explored will all depend on the unique circumstacnes of the death. However some general information about the inquest hearing is set out below.
Who will be in Court?
Inquests are held in a publicly open court. Friends and family of the deceased are all welcome to attend, but there is absolutely no obligation to do so. If you would prefer not to attend because you may find the hearing too distressing that is understandable. If you do attend you can choose to leave the Court room during certain points of evidence that may be especially emotive.
The Coroner will also require other witnesses to attend. This will be different for each case, but may include eyewitnesses, doctors, nurses, police officers, carers and any other relevant people. Sometimes expert evidence is required.
Because Inquests are public hearings the press and media are free to attend too. But you do not have to interact with media representatives if you would prefer not to do so. The media can choose what they report of the cort proceedings and a coroner has no power to dictate or amend any account of an inquest that is published or broadcast.
How long will the Inquest take?
Inquest hearings can last anything from 30 minutes to several days or weeks. It depends what has happened and what issues need to be explored. We will endeavour to give you an estimate when the final arrangements are being made.
Please arrive at least 15 minutes before the Inquest is due to start. If you have received a disclosure file from the Coroner’s Office you may wish to bring this with you together with some paper or a laptop to make notes. On your arrival you will be met by either the Coroner’s Officer or a member of the Court Administration Team. They will explain what will happen and clear up any procedural questions or concerns. You will then either be seated in the waiting area or go straight through into the court room.
There is no dress code but most people choose to dress reasonably smartly being mindful of the formality of proceedings.
Gathering information & disclosure of evidence
The Coroner will decide on the scope of an Inquest and determine the nature of the enquiries to be undertaken. Once the Coroner is in receipt of all relevant documents, witness statements and reports they will be shared with the Interested Persons (see below for information about who is an Interested Person). A decision will then be made about which witnesses will need to attend the Inquest hearing to give oral evidence and answer questions, and whose evidence will be read out in public without the witness needing to attend.
Calling witnesses
The Coroner may require you to give evidence during the Inquest if you have factual information that could assist with the Coroner’s inquiry.
When the time comes to give your evidence, the Coroner will call you to the witness table. You will need to take an oath or affirmation that you will give truthful evidence. You can do this on the Holy book of your choice or make a non-religious solemn promise. The Coroner will then guide you through your evidence. If the Coroner has questions following a witness’s evidence she will ask them first and then the Interested Persons will have the opportunity to ask further relevant questions.
If you are attending as a witness then once you have given your evidence you will usually be free to go but please ask the Coroner for permission before you leave. You are of course welcome to stay for the remainder of the hearing.
If you have been asked to attend Court as a witness you may be able to claim travelling expenses and loss of earnings. Please ask the Coroner’s Officer for a claim form.
Documentary evidence
In some cases documentary evidence will be admitted without the witness being present, instead their witness statement will be read out by the Coroner or the Coroner’s Officer. This process is permitted under Rule 23 of the Coroner’s (Inquests) Rules 2013. Before admitting any documentary evidence the Coroner will explain what the evidence is, what parts are to be admitted and why the witness has not been required to come to court. Interested persons may raise an objection to documentary evidence being admitted in this way and the Coroner will consider any objection before making a final decision.
Conclusion
The Coroner will deliver a conclusion at the end of the inqust that will be based on all the evidence that is heard. Interested Persons or their legal representatives will have the opportunity to address the Coroner on the law and conclusions before she makes her final decision (but this is not an opportunity to rehearse the facts again).
Some common conclusions are;
- Natural causes
- Road traffic collision
- Accident (i.e. an unintended act with an unintended consequence)
- Misadventure (i.e. an intended act with an unintended consequence)
- Alcohol and / or drug related
- Industrial disease
- Stillbirth
- Suicide
- Lawful killing
- Unlawful killing
- Open (i.e the evidence does not reveal how the deceased died)
As an alternative the Coroner may also give a brief narrative conclusion. For example in a medical case the Coroner may use such words as ‘Died from recognised complications of a necessary surgical procedure’.