Why might someone be called to give evidence at an inquest?
A Coronial inquest is called by the Coroner to answer four statutory questions; who, where, when and how (by what means) the deceased came by their death. An individual may be called to give live evidence at an inquest if they can assist the Coroner with answering these questions.
Preparing to give witness evidence
It is important for witnesses to review their statements, any documents referred to and any other key documents in advance of giving evidence. Months (or even years) may have passed since the statement was written and the deceased passed away. Witnesses should also print and bring along copies of statements for the day, as it is permittable to refer to statements when giving evidence; giving evidence is not a memory test.
Attending Court
Witnesses should ensure they arrive at court on the day well in advance. Some witnesses may choose to attend court on earlier days to watch the evidence to help feel comfortable with what to expect in the courtroom. Witnesses should dress smartly and ensure they have the telephone number and contact details of legal representatives, in case of any delays or issues on the day.
Giving evidence
When giving evidence, the Coroner’s Officer will ask witnesses whether they would prefer to be sworn in or give an affirmation. Answers should be addressed to the Coroner or jury if there is one. The Coroner will usually be the first person to ask questions, and witnesses should address the Coroner as ‘Sir’ or ‘Ma’am’. The family or family’s legal representatives will ask questions, followed by the other interested persons.
Witnesses should say so if they do not understand a question, or are asked something that they do not know the answer to. Staying calm and taking a few seconds to sip a glass of water and gather thoughts can assist with giving clear evidence. It is vital not to speculate or provide answers to questions that are outside of a witness’ knowledge or expertise.
After giving evidence, witnesses are able to leave the court if dismissed by the Coroner. At the conclusion of an inquest, the Coroner will provide a conclusion outlining answers to the four statutory questions. A final death certificate will be issued to the family and the death will be registered. In some circumstances, the Coroner may take the view that there is a risk future deaths could occur unless preventative action is taken. They will then write a report which will be sent to the relevant authority, who must reply within 56 days.
The operation of Article 2 ECHR & juries in inquests
What is an Article 2 inquest?
Article 2 of the European Convention on Human Rights concerns the right to life. The Coroner has an enhanced investigative duty in circumstances where a person’s death may have resulted from a breach by the state of Article 2. In such inquests, the Coroner must undertake a wider-reaching enquiry into the circumstances surrounding the deceased’s death, looking at by what means and in what circumstances the deceased came by their death. This means that the Coroner will consider the immediate cause of death, but also the more broad circumstances.
Article 2 inquests may therefore be wider in scope. They can also more often result in prevention of future death reports, which Coroners prepare where they believe action should be taken by public bodies to prevent future deaths, and can examine systemic issues such as whether proper procedures, training or safeguards were in place. Due to the wider scope, these inquests can be longer and more complicated, sometimes lasting several weeks.
What is a jury inquest?
Only a small number of inquests involve juries. Juries are only involved in certain circumstances, set out in the Coroners and Justice Act 2009, section 7(2). They occur where the coroner has reasons to suspect that:
- A death has occurred state custody and the death is violent or unnatural;
- A death has occurred in state custody and the cause of death is unknown;
- A death has resulted from the act or omission of a police force;
- A death was caused by a notifiable accident, poisoning or disease.
Sometimes, the Coroner may suspend an inquest whilst criminal proceedings take place. In these circumstances, where an inquest is resumed, a jury is not required – even if the death occurred in circumstances where one would usually be called.
In jury inquests, the jury will determine the inquest conclusion. The coroner will set out conclusions open to the jury and provide guidance as to specific legal tests which must be met for certain conclusions to be documented on the record of inquest. Juries are able to ask questions of witnesses to assist with their deliberations, and jury inquests usually take longer than Coroner-led inquests.
