What is an Inquest? Death Investigations Explained

What Is an Inquest? Information for Families and Others Going Through the Inquest Process

An inquest is a public inquiry to establish who died, when and where the deceased died, and what caused their death.

An inquest is held by a Coroner to establish the facts; it is not held to apportion blame or fault.

In certain circumstances, an inquest must be held, for example:

if a person has died in prison or police custody
if the cause of death is unknown after a post-mortem
if a medical procedure may have contributed to the death
if the cause of death is suspected to be unnatural or violent
if the cause of death was an industrial disease

The Coroner will hear evidence and ask questions to determine who, where, when, and how the deceased died.

The Coroner will declare certain individuals or bodies to be an “Interested Person” or “Interested Party.”

Sometimes, the Coroner will sit with a jury of 7–11 members, although the majority of inquests do not require a jury.

If the inquest is an Article 2 (Right to Life) inquest, a jury will be necessary.

THE RIGHTS OF AN INTERESTED PERSON OR PARTY (IP) AT AN INQUEST

The Coroner will decide who might be an IP.

An IP may be an individual or organisation whom the Coroner decides has “sufficient interest.”

Usually, it will be a close family member of the deceased, or an organisation whose actions might be subject to criticism.

An IP has the right to participate by receiving the inquest bundle of evidence, by asking questions of witnesses, and by being represented.

There is now Legal Aid available for an IP in certain limited circumstances. Prior to an inquest, means-tested Legal Help might be available for preparatory work. Representation at an inquest may be available via Exceptional Case Funding if there has been a breach of Article 2 (Right to Life) or if a wider public interest is determined. A solicitor will be able to advise if you may qualify for Legal Aid as an IP.

WHAT ARE THE OUTCOMES OF AN INQUEST?

Once the Coroner has established who died, where and when they died, and how they died, they will issue a verdict.

The standard of proof, or level of confidence, for factual findings and conclusions is on the balance of probabilities.

There are several verdicts available, for example:

natural causes
accident or misadventure
suicide
unlawful or lawful killing
industrial disease
open conclusion
neglect or self-neglect

The Coroner will announce the verdict either in short form or as a longer narrative verdict. A narrative verdict will always be given in an Article 2 (Right to Life) inquest.

The verdict will set out the Coroner’s conclusions and may be judgemental as to causes or material contributions to the death.

WHAT IS A PREVENTION OF FUTURE DEATH REPORT (PFD)?

Once an inquest has finished, the Coroner may make a PFD report, also known as a section 28 report. This is a legal power and duty held by the Coroner.

PFDs are not meant to be seen as a punishment; they should be seen as being “about learning.”

The report is sent to the Chief Coroner and any IPs. PFDs are published on the Courts and Tribunals Judiciary website.

A PFD is made to attempt to prevent future deaths from a cause discovered during the inquest.

The report will be sent to any person, local authority, government department, other agency, or organisation that is required to make changes, within 10 days of an inquest concluding. They must respond to the Coroner within 56 days, setting out what action they intend to take and the timescale.

A PFD is no longer sent to the relevant organisation if the necessary changes have already been made, but it will still be sent to the Chief Coroner.

For advice about inquests and your rights, please contact our criminal defence team on 02392 820747 or email inquests@churchers.co.uk.

https://www.churchers.co.uk/services-individuals/criminal-defence/