30/11/2019
Coroners Response • The coroner need not investigate or hold an inquest in every case, and if they are satisfied following informal inquiries that nothing untoward has occurred, they may direct the issuing of death notification certificate • However, they may conduct further investigations in the form of a post‐mortem examination, and if satisfied that the cause of death was natural causes may then issue a Coroners Certificate • However, in other circumstances the coroner may decide to hold an inquest
Inquest • In most instances the coroner has a discretion as to whether to convene an inquest • However, one must be convened where death is suspected to have occurred in violent or unnatural circumstances or unexpectedly and of unknown cause
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Inquest • The 2019 Act, while retaining the foregoing provisions now also requires an Inquest where: – The deceased person was, at the time of his or her death or immediately before his or her death, in State custody or detention; – The death of the person is a maternal death or a late maternal death
Inquest • An inquest may sit with or without a jury, but a jury must be involved, where: – Death may be due to homicide (or a suspicious death); – Death occurred in prison; – Death was caused by accident, poisoning or disease requiring notification to be given to a Government Department or inspector; – Death occurred in circumstances which may be prejudicial to the health or safety of the public; – The Coroner considers it desirable to hold an inquest with a jury.
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Inquest Process • The inquest seeks to establish the facts surrounding the death, and to answer the four questions • In theory, the inquest is an inquisitorial process, in that it is not one side versus the other, and instead is an inquiry into the circumstances surrounding the death without the attribution of blame • The inquest involves the coroner hearing evidence from witnesses, and these may include those involved in the care of a person prior to and at the time of their death • The coroner is the person who determines from whom evidence may be taken
Inquest Process • Evidence may be given in writing or orally, or both • Written evidence normally takes the form of a deposition, and advice should be sought prior to making such a submission to an inquest • If directed to attend an inquest to give oral evidence then a refusal to attend (without reasonable excuse), may lead to High Court Proceedings directing attendance • Again, advice should be sought prior to attending to give oral evidence
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