
The inquest
Information about what happens in an inquest.
Find out more about how an inquest works from the information below.
Who will be in court
Inquests are held in a publicly open court. Friends and family of the deceased are welcome to attend. If you would prefer not to attend because you may find the hearing too distressing that is understandable. If you do attend however you can choose to leave the court room during certain points of evidence that may be especially emotive.
The coroner will also require other witnesses to attend. This will be different for each case, but may include doctors, nurses, police officers, carers, eyewitnesses and any other relevant people.
Because inquests are public hearings we cannot exclude the press and media but you do not have to interact with media representatives if you would prefer not to do so. We cannot prevent accounts of the inquest being published or broadcast.
How long the inquest will take
Inquest hearings can last anything from 30 minutes to several days or weeks. It depends what has happened and what issues need to be explored. We will endeavour to give you an estimate when the final arrangements are being made.
Please arrive at least 15 minutes before the Inquest is due to start. If you have received a disclosure file from the Coroner’s Office you may wish to bring this with you together with equipment to make notes. On your arrival you will be met by either one of the support officers or one of our volunteers. They will explain what will happen and clear up any questions or concerns. You will then either be seated in the waiting area or go straight through into the court room.
There is no dress code but most people choose to dress reasonably smartly being mindful of the formality of proceedings.
Evidence
The coroner may require you to give evidence during the Inquest if you have factual information that could assist with the coroner’s inquiry.
When the time comes to give your evidence, the coroner will call you to the witness stand. You will need to take an oath or affirmation that you will give truthful evidence. You can do this on the Holy book of your choice or make a non-religious solemn promise. The coroner will then guide you through your evidence. If the coroner has questions following a witness’s evidence he will ask them first and then the Interested Persons will have the opportunity to ask further relevant questions.
Once you have given your evidence you will usually be free to go but please ask the coroner for permission before you leave. You are of course welcome to stay for the remainder of the hearing.
If you have been asked to attend court as a witness you may be able to claim travelling expenses and loss of earnings. Please ask your Coroner’s Officer for a claim form.
It may be that evidence is to be admitted without the witness being present; this is in accordance with Rule 23 of the Coroner’s (Inquests) Rules 2013. The coroner or the Coroner’s Officer will either read the witness statement in full or the relevant parts onto the record.
Conclusion
The coroner’s conclusion will be based on all the evidence that is heard. Interested Persons or their legal representatives will have the opportunity to address the coroner on the law and conclusions before he makes his final decision (but this is not an opportunity to rehearse the facts again).
The available short form conclusions are:
- accident
- misadventure
- alcohol related
- drug related
- industrial disease
- lawful killing
- unlawful killing
- natural causes
- open
- road traffic collision
- stillbirth
- suicide
As an alternative the coroner may also give a brief narrative conclusion. For example in a medical case the coroner may use such words as ‘died from recognised complications of a necessary surgical procedure’.
Legal representation
Bereaved families and other Interested Persons are entitled to be legally represented if they choose. At most Inquests families and Interested Persons do not have legal representation and are able to ask questions themselves. In more complex cases where lawyers are involved they will ask questions on behalf of the person or organisation they are representing and can address the coroner on matters of law.
Legal aid funding is not usually available for representation at Inquests so most families have to pay for legal help themselves. The best thing to do is to speak with a firm of solicitors and take advice from them about what is possible. In exceptionally complex cases if the family were unrepresented, the coroner may support a legal aid application. Your solicitors would approach the coroner about this for you.
After the inquest
Obtaining a death certificate
Following the conclusion of an Inquest the coroner will draw up the necessary paperwork for the registrars to register the death. The final death certificate will confirm the medical cause of death and will show the coroner’s conclusion. You will then be able to apply for a copy of the death certificate via their website Registration Service Certificate Ordering Service.
Preventing Future Deaths (PFD)
The coroner has the legal power and a duty to write a report following an Inquest if it appears there is a risk of other deaths occurring. This is known as a ‘PFD Report under Regulation 28' because the power comes from regulation 28 of the Coroners (Investigations) Regulations 2013.
The report is sent to the people or organisations that are in a position to take action. They then must reply to the coroner within 56 days to say what action they plan to take.
We will send a copy of the coroner's report and the replies we receive to the family and other Interested Persons and to the Chief Coroner who may publish them on their website Reports to Prevent Future Deaths - Courts and Tribunals Judiciary.
If you disagree with the outcome of the inquest
If you are an Interested Person and you disagree with the findings of fact or the conclusion of the Inquest, it is possible to apply to the High Court for what is called a 'judicial review'. Judicial reviews can only be applied for within 3 months of the end of the Inquest. A review may only be given if it can be shown that the coroner acted unreasonably, unlawfully, irrationally or if there was significant evidence that was not examined or if there was a major irregularity in the way the Inquest was conducted.
If you wish to pursue such a judicial review you should write to the coroner in the first instance setting out the reasons. If the coroner agrees that there are grounds, they may make the application to the High Court themselves. If the coroner feels that the outcome of the Inquest should stand, you may then apply yourself. As this is such a difficult process, you may need to take legal advice.
Recording of the inquest
Subject to a confidentiality undertaking and payment of the statutory fee of £5 a recording of the Inquest hearing may be made available to interested persons upon your written request.