Who decides who will give evidence?
It is up to the coroner to decide who will give evidence. You can suggest witnesses who may be helpful and important to the coroner yourself or through your solicitor. If you have a solicitor, it is important he or she lets the coroner know as soon as possible that they are instructed by you to prepare for the inquest, and that they keep in regular contact with the coroner. Some coroners are more open to suggestions on which witnesses to call than others. In the end it is the coroner who makes the decision, although it may be possible to challenge the coroner through other legal processes if the decision is unreasonable.
Many coroners will release a witness list of who they propose to call to give evidence in advance of the inquest. A coroner will either call a witness to give evidence at the hearing or will arrange for their statement to be read at the inquest without the need for them to attend (rule 37 of the Coroners Rules 1984). If you object to a statement being read then it should not be and the witness should be called to appear at the inquest in person.
What is a pre-inquest hearing or review?
If the case is complicated, for example when there are lots of witnesses and other interested persons, there may be one or more pre-inquest hearings or reviews. These are hearings with the coroner and all the interested persons where plans are made for the practical arrangements, such as agreeing a date, deciding on which witnesses will be needed and how long the inquest is going to take. There are often legal arguments in these hearings, for example about how much information the inquest will consider and how wide the investigation will be – often called the scope of the inquest.
You can go along to these hearings, you may want your solicitor to deal with them for you, or you can decide not to go at all. Some (but not all) coroners will make sure that families are shown around the court facilities and given the information they need about the practical arrangements when they attend one of these hearings.
When will I be told the date of the inquest?
You should be informed of the date of the inquest as soon as it is set. If there are any pre-inquest hearings the date should be agreed then. You will be able to tell your solicitor if there are any dates that would be difficult for you to attend and they can ask the coroner to take this into account. If a barrister is representing you then your solicitor should ask the coroner to ensure that enough notice is given and also ensure that your barrister is available. Although this is good practice not all coroners take this approach.
If the death raises complicated issues and involves investigations by other organisations, you may need to be prepared to wait many months, or in some circumstances years, before the inquest takes place. In some complex cases this can be as long as four or five years after the death.
Can I speak to the coroner?
It is more common that you will speak to the coroner’s officer, although some coroners will speak directly to bereaved people or their solicitors.
What are the legal rules about what can be said in public before an inquest?
There is no strict rule forbidding you to speak in public about the inquest before it happens – in legal jargon it is not subjudice – so simply reporting the matter is not contempt of court, neither is talking about the deceased’s life before they died. However, you need to be very careful and seek advice from your solicitor or one of the organisations listed in this guide about what is sensible to say in public before the inquest as it could have a negative impact. For example, if there is the possibility of someone being charged with a criminal offence, it is not usually a good idea to speak publicly about the facts or events involved in the death. If there is a prosecution, it might be argued that it was impossible to have a fair trial because of the publicity. If someone has been arrested and charged then it will become subjudice. If there are civil proceedings taking place, you also need to have good advice about what you can say and when you can say it.
