INQUIRIES AND INQUESTS

Inquests take place when someone has died of unnatural circumstances. The purpose of the inquest is to find out who the person was and how, when and where they died, and to find out the details the Registrar of Deaths need to register the death.

An inquest is not a trial. It is not the role of the Coroner to decide any question of criminal or civil liability or to apportion guilt or attribute blame.

Once the Coroner’s investigation into a death is complete, the Coroner will decide if an inquest is to be held. If the Coroner is informed that someone has been charged with an offence directly linked to the death, the inquest or a decision on whether to hold and inquest, will not be made until the criminal proceedings end.

If an inquest is to be held, a date will be arranged in consultation with the family. Inquests are open to the public and the media.

Coroners decide who should give evidence as witnesses at an inquest. Witnesses will first be questioned by the Coroner, and there may be further questions by ‘properly interested people’ or their legal representatives. Person’s with a ‘proper interest’ include:

• relatives of the deceased
• the executor(s) of the deceased’s will or a person appointed as the deceased’s personal representative
• solicitors acting for the next of kin
• insurers with a relevant interest
• anyone who may, in some way, be responsible for the death
• others at some special risk or appearing to the Coroner to have a proper interest

Inquests can be complicated and intimidating but our barristers can assist you in a variety of ways, including dealing with procedural matters, such as requests for copies of statements and other key evidence, as well as ensuring the right questions are asked and that any important points of law are clarified.

For other Interested Persons, a failure to obtain specialist advice and representation runs the risk of unjustified criticism and allegations of culpability. Our barristers are experienced in ensuring that individuals and entities rights and interests are effectively protected throughout the Coronial process.

We can assist you if you are not content with the outcome of the inquest, including supporting you with seeking a Judicial Review where appropriate.

Our members understand and are sympathetic to the emotion involved in these proceedings and our supportive and friendly approach allows our clients to rely on their legal team throughout the process.

The purpose of public inquiries has been much debated over the years. Discussions peaked around the passage of the Inquiries Act 2005; this legislation has determined the form and style of almost every inquiry since. The Government considers “preventing recurrence” to be the primary purpose of public inquiries. The main function of a public inquiry is to determine:

1. What happened?
2. Why did it happen and who is to blame?
3. What can be done to prevent this happening again?

All inquiries start by looking at what happened. They do this by collecting evidence, analysing documents and examining witness testimonies.

Inquiries then often draw on experts and policy professionals to help them form recommendations. These are intended to guide the Government and others to make the changes which will prevent recurrence.

Our team are instructed to advise upon and act in Public Inquiries in particular, in inquiries resulting from failures in public bodies and authorities resulting in death or serious injury. This includes death or injuries whilst in custody.

To instruct a barrister on an inquest or inquiry, please contact the Clerks’ room on 0207 440 4949 or by email at clerks@greatjames.co.uk