Inquests& Inquiries

Where a Coroner has grounds for suspecting that a person’s death was violent or unnatural, they will generally open an Inquest into that death. As Inquest is intended to answer the following four questions (S.5 Coroners Justice Act 2003):

1. Who the deceased was.
2. Where they came by their death.
3. When they came by their death.
4. How they came by their death.

It is important to note that an inquest conclusion cannot attribute civil or criminal liability.

Yes, in the United Kingdom Inquests can usually be categorised into two types: 1.) ‘Jamieson Inquest’, also known as a ‘Standard Inquest’ or ‘Traditional Inquest’ or 2.) a ‘Middleton Inquest’ which is also known an ‘Article 2 Inquest’ or an ‘Enhanced Inquest.’

In short, a ‘Jamieson Inquest’ is the most common type of Inquest. The scope of the Inquest will generally be narrow with the focus being on determining the basic facts of a death and answering the 4 statutory questions referred to above.

A ‘Middleton Inquest’ (“Article 2 Inquest”) is necessary when there is a suggestion that a public body may have failed in their substantive obligation to protect the right to life. That is, when an individual has come by their death whilst under the care or protection of the state; for example, in circumstances where an individual is detained under the Mental Health Act 1983 or detained in prison. An Article 2 inquest may also be necessary if a state policy or system failure contributed to a death. Generally, the scope of an Article 2 Inquest is wider with an enhanced investigation which considers how an individual came by their death and in what circumstances.

A pre-inquest review hearing, colloquially referred to as a PIRH or PIR, is largely an administrative hearing whereby those involved in the inquest assemble, before the coroner, to prepare for the Final Inquest (also known as the Final Hearing). Matters such as the scope of the inquest, the witness list, the disclosure required will be determined in these hearings. Ultimately, the decisions will be made by the coroner, however, those involved in the inquest have the opportunity to address the coroner on matters they wish to raise.

His Majesty’s Coroner (HMC) – the Coroner is an Independent Judicial Officer who is responsible for carrying out their investigation into an individual’s death. A Coroner is answerable to the High Court for the judicial and administrative decision they made. In terms of a Coroner’s appointment to the role and payment, this is made by the relevant local authority in which they sit. Coroners appointed after July 2013 must be legally qualified and will either be a practicing or non-practicing Barrister or Solicitor. A Coroner appointed prior to July 2013 could be either a doctor or lawyer. It is important to bear in mind that the coroner’s jurisdiction is inquisitorial rather than adversarial.

Coroner’s officer – a Coroner’s officer supports the coroner in their investigations. The coroner’s officer will make inquiries on behalf of the coroner and liaise with those involved in the inquest – for example, the bereaved families, medical professionals, the police.  The coroner’s officer will also coordinate the inquest process and arrange the hearings.

Interested Persons – Chapter 2 of the Coroner’s Bench Book titled ‘Interested Persons’ states that ‘there are no ‘parties’ in an inquest as the coronial investigatory process is inquisitorial rather than adversarial, with the duty to investigate falling on the coroner.’ Interested Persons to an inquest are given some rights to participate in the investigation and inquest.

Most inquests will be held without a Jury present, however, there are some circumstances in which a coroner must sit with a jury or has the discretion to sit with one.

A Coroner must sit with a jury where there is reason to suspect that:

1. the deceased died a violent or unnatural death in custody or state detention;
2. the death resulted from an act or omission of a police officer or member of a service police force in the purported execution of their duty; or
3. the death was caused by a notifiable accident, poisoning or disease.

If the coroner thinks that there is sufficient reason for holding an inquest with a jury, then they have the discretion to do so.

It is important to bear in mind that the Jury will be the finders of fact, and the coroner will deal with issues of law.

It is very hard to determine how long the inquest process is likely to last as it can vary significantly between each inquest. The more complex the case, number of witnesses involved, and the investigations required means that an inquest may conclude some years after its opening.

At Harding Evans we recognise how difficult and traumatic the entire inquest process can be for the families and loved ones. We aim to alleviate the process as much as possible and can support you throughout.