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Following the Inquest, the Coroner can write a report in cases where the evidence suggests that further avoidable deaths could occur and that, in the Coroner’s opinion, preventative action should be taken.
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Dealing with inquests in the coroner’s court. Dealing with an inquest into the death of a loved one is never an easy process, even more so if you lack legal representation. In this guide to dealing with coroner's court inquests, we set out some tips to help you understand and prepare for the inquest process. Legal representation.
The Coroner’s conclusion can only be challenged by a Judicial Review in the High Court. The Coroner’s conclusion will appear on the death certificate. When is an inquest necessary? A Coroner must investigate deaths which appear to be of unknown, violent or unnatural causes, or where the death occurs in prison or other detention.
- Introduction
- The Statutory Framework and Record of Inquest
- The Three Stages
- Conclusions: The Alternatives
- Submissions: Conclusions and Directions of Law
- Short-Form Conclusions
- Article 2 Inquests
- Miscellaneous
- Neglect
- All Inquests
1. The purpose of this guidance is to assist coroners in the use of short-form and narrative conclusions and with a view to achieving greater consistency across England and Wales.[i] 2. This guidance is not intended to cover all possible aspects of conclusions. It provides a suggested approach, consistent with case law, to making public findings an...
3. Section 10 of the Coroners and Justice Act 2009 (the 2009 Act) requires the coroner (or the jury if there is one) to make a ‘determination’ of the matters to be ascertained by the investigation and make ‘findings’ for registration purposes. The matters to be ascertained by the investigation into a person’s death are: who the deceased was; and ho...
8. The coroner (or the jury, if there is one) is required, having heard the evidence, and in addition to deciding the medical cause of death, to arrive at a conclusion by way of a three-stage process.
9. There are two alternatives for conclusions which are sanctioned by the 2009 Act, the 2013 Rules and the common law: (1) a short-form conclusion; and (2) a narrative conclusion. It is also permissible to combine the two types of conclusion. 10. The conclusion must be entered on the Record of Inquest in Box 4. 11. There must always be sufficient e...
13. In more complex cases, the coroner should invite submissions from interested persons on the following: 1. the type of conclusion, short-form or narrative; and (where there is a jury) 2. the short-form conclusions the coroner is considering leaving to the jury; 3. what written directions will be given to the jury (including in what order the jur...
15. Wherever possible coroners should conclude with a short-form conclusion. This has the advantage of being simple, accessible, and clear for statistical purposes. 16. The short-form conclusion should be one from the list of short-form conclusions in Note (i) in the Schedule to the 2013 Rules (https://www.legislation.gov.uk/uksi/2013/1616/schedule...
32. In an Article 2 inquest, a short-form conclusion may be sufficient to enable the jury to express their conclusion on the central issues.[xiv]However, frequently a narrative conclusion will be required in order to satisfy the procedural requirement of Article 2, including, for example, a conclusion on the events leading up to the death, or on re...
Level of certainty
37. The level of certainty required when reaching conclusions at an inquest (whether those conclusions are short-form or narrative) is the same as the civil standard of proof, namely the balance of probabilities.[xx]
Particular short-form conclusions
38. Guidance will not be provided here on all short-form conclusions, only on some.
53. The following does no more than outline the concept of neglect in coroner law. 54. Neglect has a restricted meaning according to the case law and should not be considered as a primary cause of death. 55. A finding of neglect is not in itself a conclusion, but may form part of the conclusion in Box 4, either as words added to a short-form conclu...
62. Coroners should at all times use moderate, neutral and well-tempered language, befitting the holder of a judicial office. Coroners should not make any other observations of any kind, however well-intentioned, outside the scope of a report on action to prevent future deaths under the provisions of paragraph 7 of Schedule 5 to the 2009 Act.[xxxv]...
Nov 15, 2023 · A coroner’s inquest is a formal judicial inquiry governed by the Coroners and Justice Act 2009. It is convened to determine the identity of the deceased individual and the circumstances surrounding deaths that appear sudden, suspicious, violent or unnatural.
May 24, 2019 · An inquest will automatically be an Article 2 inquest if the death took place in state detention. This is because there must be an effective investigation into the circumstances of death where evidence suggests a potential breach of the duty to protect the lives of those under state care.
People also ask
Can a coroner arrange an inquest after a loved one's death?
What is a coroner's inquest?
Why does a coroner confirm an inquest is an article 2 inquest?
When can a coroner write a death report?
Introduction. Request a Call Back. Depending on the circumstances of a loved one’s death there may be a legal requirement for a Coroner to arrange an inquest following it. That generally happens when it appears that someone’s death was caused by anything other than natural causes.
