30/11/2019
Inquest Process • Under the 2019 Act the Coroner has enhanced powers, such as: – Directing the answering of questions; – Direct production of documents, records, things etc; – Failure to answer questions/produce articles etc may lead to High Court proceedings to directing compliance
Inquest Process • Having heard the evidence the coroner, or jury as the case may be, returns a verdict which establishes the answers to the foregoing questions, and essentially the cause of death • The verdict may be relatively brief or take a more extensive narrative form
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Inquest Process • Common verdicts associated with cases where nurses and midwives may be called to give
Inquest Process • While recommendations may also be made, again no blame may be attributed – either civil or criminal
evidence include: – Accidental death;
– Death by misadventure; – Medical misadventure; – Suicide/Self inflicted death; – Want of attention at birth; – Stillbirth; – Death by natural causes; – Open verdict.
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Giving Evidence • The primary purpose of the inquest is to establish the circumstances of the death, and as such in theory it should be an uncontentious exercise for a witness whereby, they give an account of relevant matters, and indeed this is what occurs in most cases • However, some cases may be more contentious where different witnesses have differing accounts of what occurred • Additionally, the facility for certain persons to ask questions can give rise to a degree of contention
Giving Evidence • Questions may be asked of witnesses by the coroner. • Also, any person who has a proper interest in the inquest (a properly interested person) may personally examine a witness or be legally represented by a solicitor or barrister
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