What is an Inquest?

• an investigation into the circumstances of a person’s death where they died an “un-natural or unexplained” death or a death in prison
• Presided over by a Coroner
• A Coroner only has to decide four things:
    - the identity of the deceased
    - where the person died
    - when he or she died
    - how he or she came to die

Is an Inquest like a Court Trial?

No, it is an inquisition, a fact finding hearing to try to establish facts to answer the above questions. There are not two parties trying to prove a case.

Can an Inquest deal with something such as a suspicious death rather than the Police?

No, in these circumstances the Coroner will open an inquest and then adjourn the Inquest whilst the Police carry out their investigations. This is the case where a person has already been charged with murder, manslaughter, causing death by dangerous driving, causing death by drink/ drugs and a number of other matters.

In these cases the Police will investigate. If a person is convicted as a result of the police investigations then usually the Inquest does not proceed and the Coroner just files paperwork confirming the cause of death to be as per the criminal proceedings.

Sometimes a person will not be convicted or a criminal case will not be pursued and the Coroner will then re-start the Inquest.

How is it decided which Coroner will deal with the case?

Each county has its own Coroner and the Coroner is helped by Deputies and Assistant Deputies. The Coroner for the county in which the body was found will deal with the case.

If a person dies in suspicious circumstances abroad then it is the Coroner for the county in which the body lies which will deal with the case.

For example, with the soldiers who have died in Afghanistan the bodies are usually flown into RAF Lyneham so the Wiltshire Coroner has jurisdiction.

Is there always a Court hearing?

Not always. Sometimes a person’s death is unexpected but turns out to be quite natural. For example, if a person who had been very fit and well has a sudden and massive heart attack the Coroner will order a post mortem. If the Coroner is satisfied that the death was a natural cause then he will not hold an Inquest and will allow the death certificate to be issued.

What happens at the Inquest and does the deceased’s family have to attend?

We find that families generally will want to attend.

The Coroner will hear evidence from people who were involved with the deceased before he or she died – for example, doctors treating him, family members any witnesses. The Coroner will then use this evidence to try to answer the four questions above.

Is it easy for a family to represent themselves at the Inquest?

An Inquest is designed for people to be able to represent themselves. Families can take an unqualified person to speak up for them if they wish, for example a confident family friend. However, our experience is that families find Inquests quite traumatic and often will want a solicitor present.

A word about deaths in custody

If a person dies in prison then there is always an Inquest. Quite a common cause of a person dying in prison is if an inmate was on suicide watch and was not supervised properly. The Coroner will always investigate this type of death because as the person was not free he was not always in a position to take steps to ensure his own safety. In prison these steps can be at the hands of prison staff and the question is always whether the inmate was looked after properly.

What happens at the end of the Inquest

The Coroner will give a narrative Verdict which can be any of the following:

• natural causes
• death my misadventure
• death by want of attention at birth
• death caused by an industrial disease such as asbestosis
• accidental death
• committed suicide whilst balance of mind was affected
• unlawful killing

and a few others …

It is more common now if an Inquest is complicated for the Coroner to give a narrative verdict, i.e. a description of the events which caused the death.

The family will then get a death certificate with a cause of death on it.

Does a Coroner only deal with deaths in unknown circumstances?

No – they also deal with:

• treasure trove – who owns it
• permission for exhumations

Contact our Inquest Solicitors

If you need more information or advice about attending an inquest in Wiltshire, Hampshire, Somerset or Dorset, contact our solicitors who are highly experienced in Inquest hearings. In addition, our specialist solicitors are also able to advise in relation to any fatal accident claims arising out of a inquest.