What We Do

Coroner Barristers – What We Do

Coroner Barristers offer advice and representation to bereaved families and professionals involved in a coroner’s inquest.

Coroner Barristers provide support through the coroner’s investigation ensuring that your questions are rasied and where at all possible answered.

We can discuss all investigation reports with you.

We can formulate questions for experts on your behalf

We can make representations to the coroner on what witnesses should be asked to attend the inquest

Coroner Barristers can represent you at the inquest hearing.

 

What is a Coroner?

A coroner is an independent judicial officer appointed by the local authority. He / she must be an experienced lawyer or doctor or both.

Most coroners have coroner’s officers to assist them.  Coroner’s officers work under the direction of the coroner and liaise with the bereaved family, police, witnesses, doctors, pathologists, toxicologists, medical experts and funeral directors. They are responsible to and make enquiries on behalf of the coroner in order to investigate the cause of a person’s death.

 

What does a Coroner Do?

When someone dies their death has to be registered. A doctor can issue a medical certificate stating the cause of death. If this cannot be achieved then the death is referred to the coroner.

In certain circumstances the coroner can authorise that the person’s body be released without a post mortem being required or a post mortem may be necessary to establish the cause of death.

If a coroner decides that an investigation is necessary a pathologist will normally carry out a post-mortem examination of the body

If the post-mortem establishes the cause of death then the Coroner will send a form to the Registrar of Births and Deaths stating the cause of death and you will be able to make an appointment to register the death.

If it was not possible to establish the cause of death or the death is found to be unnatural the coroner must hold an inquest

A coroner must conduct an inquest into a person’s death where there is reasonable cause to suspect that the deceased has died a violent death, an unnatural death, a sudden death where the cause is unknown, where a death occurs in custody or in certain other circumstances.

 

CORONER’S ACT 1988 SECTION 8

 

Any violent or unnatural death must be reported to the coroner.   Some examples of the types of death that will require reporting are as follows:

• The  death is not easily attributable to natural causes;
• The medical cause of death is unknown;
• Where there are any suspicious circumstances;
• A violent death;
• A death linked to an accident;
• Death in prison or at a police station;
• Death due to neglect;
• Death related to a clinical procedure;
• Death related to an adverse reaction to a drug.

Anyone can report a death to the coroner if they are suspicious however this is usually done by a doctor or the police.

 

What is an Inquest?

An inquest is a public court hearing held by the Coroner in order to establish who died and how and where and when the death occurred.

An inquest is a fact finding process, not a trial. It is an inquisitorial rather than an adversarial process. The coroner will ensure the process is fair and thorough.

The purpose of an inquest is set out in section 11 of the Coroners Act 1988

The rules governing an inquest are set out in The Coroner’s Rules 1984

The Coroner and other interested persons simply seek to establish the answers to the questions of who died and how, where and when the death occurred. The inquest will be opened soon after a person dies in order to record that a death has occurred, identify the deceased and enable the coroner to issue authority for the body to be released for burial or cremation. The inquest will then be adjourned for investigation to be completed. Once the investigation is complete, the inquest will be resumed and concluded.     

The inquest will be held as soon as possible and normally within 6 months if at all possible.

When a date is set for the inquest, the bereaved family and other properly interested persons are informed and witnesses are asked to attend to give evidence. If witnesses are reluctant to attend they can be summonsed.  If they do not attend after a summons has been issued the witness can be arrested, brought before the coroner and charged with contempt of court.

Witnesses and Evidence

The Coroner decides what witnesses to call to give evidence and the order of the witnesses. The coroner will listen to representations from properly interested persons as to who should be called.

The test is whether the witness is likely to provide evidence that is relevant to matters that the coroner has to investigate. Witnesses will be sworn or affirm at the beginning of their evidence. Some evidence will be read if it is agreed between the parties

The witnesses are first asked questions by the coroner and then any properly interested persons or their legal representatives. Where relevant the coroner will warn the witness that he / she is not obliged to answer any question which might incriminate themselves.

Jurys

The vast majority of inquests are held without a jury but a jury must be called where there is a death in custody or the death occurred as a result of an injury caused by a police officer in execution of his / her duty or if the death occurred due to an accident at work.

Verdicts

At the end of the inquest the Coroner or jury will come to a conclusion. This will include a legal determination which states who died and where, when and how they died.

The coroner or jury also makes findings to allow the cause of death to be registered. They may use one of the following terms:

• Accident or misadventure
• Alcohol or drug related
• Industrial disease
• Lawful killing
• Unlawful killing
• Natural causes
• Open
• Still birth
• Road traffic accident
• Suicide

Rule 43

If the evidence at an inquest shows that something could be done to prevent a similar death, the coroner may announce that he / she will draw this to the attention of a person or organisation that may have the power to take action. This power comes from Rule 43 of the Coroners Rules 1984 [LINK]

Anyone who receives a Rule 43 Report must respond in writing to the coroner. These reports are sent to all interested persons and the Lord Chancellor.

Coroner’s Decision

You can challenge the decision of the coroner or inquest conclusion by judicial review to the High Court. There is a three month time limit.

In addition under section 13 of the Coroners Act 1988, [LINK] the Attorney General may initiate an application to the High Court for an inquest to be held if a coroners has refused or neglected to hold one.

If you are unhappy with the conduct of the Coroner you can complain to the Judicial Conduct Investigations Office

Legal Aid

Legal aid is generally unavailable for representation at inquests.  Legal aid may be available in exceptional cases usually where there a wider public interest.  Please contact Coroner Barristers to find out if you qualify.