At Harding Evans, we understand how daunting the Inquest process can appear, and our Public Law team have compiled some of the most commonly asked questions about inquests, so you can understand the key aspects, and what to expect.
1. What is an Inquest?
An inquest is a fact-finding inquiry conducted by a Coroner when there is reason to suspect that a death was violent, unnatural, sudden with unknown cause, or occurred in custody or state detention.
The Coroner’s duty is to answer four statutory questions, as set out in Section 5 of the Coroners and Justice Act 2009:
- Who the deceased was.
- Where they came by their death.
- When they came by their death.
- How they came by their death.
It’s important to note that an inquest is not a trial. Its purpose is not to apportion civil or criminal liability, but rather to establish the facts surrounding a person’s death.
2. Are There Different Categories of Inquests?
Yes. In the UK, inquests typically fall into two categories:
Jamieson Inquest
Also known as a Traditional Inquest or Standard Inquest, this is the most common type. Its focus is limited to answering the four key questions above, without exploring broader circumstances.
Middleton Inquest
A Middleton Inquest, sometimes called an Article 2 Inquest or an Enhanced Inquest, is held when the state may have failed to protect the deceased’s right to life.
This type of inquest is usually required if the person died:
- While in custody or detained (e.g. in prison or under the Mental Health Act).
- As a result of potential systemic failure or negligence by a state authority.
Middleton Inquests have a broader scope, examining both how and in what circumstances the death occurred.
3. What is a Pre-Inquest Review Hearing (PIRH)?
A Pre-Inquest Review Hearing is a preliminary admin meeting, before the Coroner, designed to set the framework and to prepare for the Final Inquest (also known as the Final Hearing.) Sometimes referred to as a PIRH or PIR, it allows the Coroner and involved parties to:
- Define the scope of the inquest.
- Identify witnesses.
- Agree on disclosure and evidence.
While the Coroner ultimately makes the final decisions, those who are involved in the inquest have the opportunity to address the Coroner and raise relevant matters.
4. Who is Usually Involved in an Inquest?
His Majesty’s Coroner (HMC)
A Coroner is an independent judicial officer responsible for investigating deaths within their jurisdiction. If they were appointed after 2013, they must be legally qualified (i.e., a barrister or solicitor) if they were appointed prior to 2013, they may also be a doctor. Coroners are appointed and paid by the local authority but operate independently and are answerable to the High Court.
The coroner’s jurisdiction is inquisitorial, meaning it is investigative, not adversarial.
Coroner’s Officer
They assist the Coroner by:
- Making inquiries on behalf of the Coroner.
- Coordinating the inquest process and statements.
- Liaising with families, medical experts, police, and other parties involved with the inquest.
Interested Persons
These are individuals or organisations with a legal interest in the inquest. According to the Coroner’s Bench Book, inquests do not have “parties” in the traditional legal sense. However, Interested Persons (such as family members or institutions) have some rights to participate in the investigation and inquest.
5. When Would a Coroner Sit with a Jury?
Most inquests are held without a jury. However, a Coroner must have a jury present if:
- The death was violent or unnatural and occurred in custody or state detention.
- The death resulted from an act or omission by a police officer or member of the service while they were executing their duty.
- The death was caused by a notifiable accident, poisoning, or disease.
Additionally, the Coroner has the ability to hold an inquest with a jury if they believe it is appropriate.
In these cases:
- The jury determines the facts.
- The coroner addresses legal and procedural matters.
- How Long Does the Inquest Process Take?
The timeline of an inquest can vary significantly depending on:
- Complexity of the case.
- Number of witnesses.
- Extent of investigations required.
Some inquests may conclude within a few months, while others can take several years to reach a final hearing.
We’re Here to Help
At Harding Evans, we understand that losing a loved one or family member is difficult, no matter the circumstances. Our specialist solicitors can advise and represent you throughout the inquest process, helping to give you clarity and peace of mind during a very difficult time. Our experienced inquest team is here to support you at every step, so don’t hesitate to get in touch with us.
