THE CORONER

Is the inquest a trial?
No. An inquest is an enquiry which is held to establish the facts. The purpose of the inquest is to ascertain the identity of the deceased, when, where and how the death occurred, and to establish the particulars which have to be registered by the Registrar of Deaths. The inquest does not attempt to allocate responsibility of the death, as a trial would do. In the few cases where an enquiry shows that the death might be due to murder, manslaughter or infanticide, the coroner must send the papers to the Director of Public Prosecutions.

If somebody has been charged with causing the death?
Where a person has been charged with murder, manslaughter, causing death by reckless driving, complicity in another's suicide, or infanticide, the inquest is adjourned until the conclusion of the criminal proceedings. Before adjourning, the coroner establishes the identity of the deceased and the medical cause of death and sends the form to the Registrar of Deaths to allow the death to be registered.

What about other court proceedings?
Any court proceedings other than those mentioned in paragraph 8 will normally follow the inquest, When all the facts about the cause of death have been ascertained, then a person may be brought before another court, or a claim for damages made. The inquest may be of help to the family of the deceased in finding out what happened, In the case of a death due to an accident at work, etc., it can also help to avoid similar accidents in future.

Is there always a jury at the inquest?
Not always, but if the death may have been caused by an accident or disease of which notice has to be given to the government (eg. industrial accident) or if the deceased died in prison or in police custody, or if the death may have been caused by a police officer in the purported execution of his duty, then there has to be a jury. In other cases a jury may be summoned by a coroner if he thinks it may be of assistance. In all inquests held by a jury, it is the jury and not the coroner, which returns the verdict. From 7 to 11 jurors are summoned to attend and they can give a majority verdict when no more than two disagree. They are paid expenses and some recompense for loss of earnings. They are not expected to view the body.

Must a witness attend court?
Yes. The evidence of a witness may be vital in preventing, injustice, and penalties may be imposed for failure to attend. A witness may either be asked to attend the inquest or receive a formal summons to do so.

Who decides which witnesses to call?
The coroner decides which witness should be asked or summoned to attend and the order in which they should give evidence. Anyone who can give evidence is entitled to come forward to an inquest without being summoned by the coroner, but all the evidence must be relevant to the purpose of the inquest (see paragraph 7).

Who can question a witness at the inquest?
Any person who has a proper interest (see paragraph 14) may question a witness. He or she may be represented at the inquest by a lawyer or, if preferred, ask questions themselves. But questions must be relevant, and incriminating questions may not be asked. This is something the coroner will decide. There are no speeches, as the inquest is an inquiry and not a trial. When a person who is a member of a trade union dies as a consequence of his or her employment, a representative of the trade union to which he or she belonged is entitled to ask questions without having to represented by a lawyer.