The medically-qualified practitioner who carries out a post–mortem examination.The medically-qualified practitioner who carries out a post–mortem examination.The place where a body is taken after its removal from the place of death.The place where a body is taken after its removal from the place of death.(also post-mortem(also postmortem) A medical examination to determine the cause of death, also called an autopsy.) A medical examination to determine the cause of death, also called an autopsy.(also post-mortem(also postmortem) A medical examination to determine the cause of death, also called an autopsy.) A medical examination to determine the cause of death, also called an autopsy.Young Offender Institution - prison for people aged 21 and underYoung Offender Institution - prison for people aged 21 and underA legal term (Latin for "under judgment") which means that a case is currently at trial or being considered by a judge or court, and so cannot be discussed in public.A legal term (Latin for "under judgment") which means that a case is currently at trial or being considered by a judge or court, and so cannot be discussed in public.Secure Training CentreSecure Training CentreA prosecution for a crime which arises for example from the circumstances of a death.A prosecution for a crime which arises for example from the circumstances of a death.Legal cases which are not criminal trials, sometimes involving a claim for damagesA payment of money in recognition of certain kinds of suffering or injury, also called damages./compensationA payment of money in recognition of certain kinds of suffering or injury, also called damages..Legal cases which are not criminal trials, sometimes involving a claim for damagesA payment of money in recognition of certain kinds of suffering or injury, also called damages./compensationA payment of money in recognition of certain kinds of suffering or injury, also called damages..Legal cases which are not criminal trials, sometimes involving a claim for damages/compensation.Legal cases which are not criminal trials, sometimes involving a claim for damages/compensation.Usually called clinical negligenceClinical negligence is a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury. Sometimes also called medical negligence., a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury.Usually called clinical negligenceClinical negligence is a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury. Sometimes also called medical negligence., a legal term for a medical accident where a patient has not received care to a proper standard, and that substandard care has also caused the patient a physical injury.The part of the Public Funding scheme that allows a solicitor to give advice for the preparation of an inquest for no cost if the client is on income support.The part of the Public Funding scheme that allows a solicitor to give advice for the preparation of an inquest for no cost if the client is on income support.A form of verdict letting a jury give a longer explanation of what they think are the main or important issues.A form of verdict letting a jury give a longer explanation of what they think are the main or important issues.Since 1 October 2009 the Supreme Court of the United Kingdom has taken over the judicial functions of the House of Lords. It is the court of last resort and highest court of appeal in the United Kingdom.Since 1 October 2009 the Supreme Court of the United Kingdom has taken over the judicial functions of the House of Lords. It is the court of last resort and highest court of appeal in the United Kingdom.The government's in-house lawyers, who will act for the Prison Service in instructing barristers at inquests.The government's in-house lawyers, who will act for the Prison Service in instructing barristers at inquests.The highest civil court where cases may be heard for the first time. It also hears appeals and conducts judicial reviewA type of court proceeding in which a High Court judge or judges reviews the lawfulness of the way a decision was made or and action was taken by a public body or official such as a coronerThe legal official who orders a post-mortem and who is in charge of the inquest procedure..s, and supervises magistrates and crown courts.The highest civil court where cases may be heard for the first time. It also hears appeals and conducts judicial reviewA type of court proceeding in which a High Court judge or judges reviews the lawfulness of the way a decision was made or and action was taken by a public body or official such as a coronerThe legal official who orders a post-mortem and who is in charge of the inquest procedure..s, and supervises magistrates and crown courts.Public means-tested financial assistance for representation during legal proceedings. It is not available for representation at most inquests. The Lord ChancellorThe cabinet minister in the government responsible for the effective running of the legal system in England and Wales. can grant it in exceptional cases.Public means-tested financial assistance for representation during legal proceedings. It is not available for representation at most inquests. The Lord ChancellorThe cabinet minister in the government responsible for the effective running of the legal system in England and Wales. can grant it in exceptional cases.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.The standard of proof in a civil court cases and for inquest verdicts other than unlawful killing or suicide. In these cases, one outcome need only be more probable than all the others.An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried outArticle 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the ECHRThe European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights Act 1998. All Council of Europe member states including the UK have signed the Convention..An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2Article 2 of the European Convention on Human Rights says that the state must not take someone’s life, except in very limited circumstances. The effect of article 2 is that the state has a duty to protect life and to carry out an effective investigation into a death involving the state or state agents. An inquest is normally the way which this is carried out of the ECHRThe European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights Act 1998. All Council of Europe member states including the UK have signed the Convention..An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2 of the ECHR.An inquest into a death involving the state or state agents is required to be, in many ways, more thorough and wide ranging than inquests that do not engage the duties required by article 2 of the ECHR.The standard of
proof in a civil court cases and for inquest
verdicts other than unlawful killing or
suicide. In these cases, one outcome need
only be more probable than all the others.The standard of
proof in a civil court cases and for inquest
verdicts other than unlawful killing or
suicide. In these cases, one outcome need
only be more probable than all the others.The organisation responsible for providing
Public Funds for legal work.The organisation responsible for providing
Public Funds for legal work.The highest standard of proof required in legal hearings and needed for returning inquest verdicts of unlawful killing or suicide.The highest standard of proof required in legal hearings and needed for returning inquest verdicts of unlawful killing or suicide.The highest
standard of proof required in legal hearings
and needed for returning inquest verdicts of unlawful killing or suicide.The highest
standard of proof required in legal hearings
and needed for returning inquest verdicts of unlawful killing or suicide.Formerly known as police surgeons, FMEFormerly known as police surgeons, Forensic Medical Examiners or police doctors examine and assess the medical needs of people detained in police custody.s or police doctors examine and assess the medical needs of people detained in police custody.Formerly known as police surgeons, FMEFormerly known as police surgeons, Forensic Medical Examiners or police doctors examine and assess the medical needs of people detained in police custody.s or police doctors examine and assess the medical needs of people detained in police custody.The DPP is a government-appointed legal officer who is the head of, and responsible for, the Crown Prosecution ServiceThe CPS is responsible for deciding whether or not there is enough police evidence to undertake a criminal prosecution for a general criminal offence (e.g. manslaughter) both before and in some cases after the inquest, and whether or not a prosecution is in the public interest..The DPP is a government-appointed legal officer who is the head of, and responsible for, the Crown Prosecution ServiceThe CPS is responsible for deciding whether or not there is enough police evidence to undertake a criminal prosecution for a general criminal offence (e.g. manslaughter) both before and in some cases after the inquest, and whether or not a prosecution is in the public interest..The ECHR is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights ActThe Human Rights Act 1998 is an Act of Parliament that incorporated the European Convention on Human Rights into UK law. 1998. All Council of Europe member states including the UK have signed the Convention.The ECHR is an international treaty to protect human rights and fundamental freedoms in Europe, incorporated into UK law as the Human Rights ActThe Human Rights Act 1998 is an Act of Parliament that incorporated the European Convention on Human Rights into UK law. 1998. All Council of Europe member states including the UK have signed the Convention.What happens after the inquest?
The coroner will send any details required by the registrar of deaths to them and will also write to any relevant authorities under rule 43 if he or she thinks that is appropriate (see Section 4.3: Verdicts). The coroner’s officerThe person who works for the coroner and is responsible for making arrangements for the inquest. will explain how to get a copy of the death certificate, for which you will have to pay a small fee. If it has not already been done, he or she will also send a burial order, a cremation certificate or permission to send the body abroad.
Can any other legal claim be brought after the inquest?
If the family want to make a financial (civil) claim they should seek advice from a solicitor if they have not already done so. The solicitor will be able to advise them whether there are good grounds for a civil claim. This is much more likely to be successful when there has been a strong verdict in the inquest – and for this reason it is usually better to get advice about this before the inquest takes place. There are also time limits to making claims; for example if you make a claim under the Human Rights Act 1998 it must be within 12 months of the death, so early advice from a solicitor is very important.
There may be other avenues to pursue but these are very limited and again you should discuss this with a solicitor or one of the relevant organisations listed on the links page.
What can I do if I am unhappy with the conduct of the inquest and the verdict?
You have very limited options for taking action after the inquest. There is no right of appeal. If you are concerned either about the verdict or the way the inquest was run, you should talk to your legal representative or one of the organisations listed in the guide.
There are some ways to challenge an inquest, but these involve complicated legal processes which can take months or years to complete and require specialist knowledge of the law, so if you have not taken legal advice before, you need to do so now. There may also be difficulties in funding any challenge and so again, you will need good advice. We have set below out some of the ways you can seek to address any problems, but each case is unique and you definitely need to seek advice.
If a coroner has refused to hold an inquest, can their decision be overruled?
Yes. It can be challenged by judicial review (see below).
What is a judicial review?
It is a complex legal procedure where a judge can review decisions made by the coroner and decide whether they are appropriate and/or correct. It is held in the divisional courtA term used to describe proceedings in the High Court (such as a judicial review) when they are heard by two or more judges. and the application has to be made within three months of the decision you are challenging.
Judicial reviews have been used successfully to challenge various coroners’ decisions, such as failing to call relevant witnesses or not directing the jury properly.
Is there any appeal against the verdict of a coroner?
Not directly. But it is possible that if the divisional courtA term used to describe proceedings in the High Court (such as a judicial review) when they are heard by two or more judges. accept that there has been fraud, rejection of evidence, irregularity of proceedings, an insufficiency of inquiry, or if it is in the interests of justice, a new inquest can be ordered and the previous inquest overturned. The exercise of this power depends on the court’s view that it would be necessary and desirable in the interests of justice.
Who can make an application to overturn an inquest or to make a coroner hold an inquest?
Any properly interested personThose people defined in the Coroners Act 1988 as having a right to ask questions at the inquest. Family members such as parents, children, spouses, civil partners or partners of the person who has died automatically come within the definition and can ask questions at the inquest. Other relatives and those with close relationships may also be regarded as Properly Interested Persons. including the family of the deceased and any organisation or individual involved with them immediately before their death. Again this is a complex legal process and you should get specialist advice very quickly because of the time limits.
Can a verdict be overturned or amended if it appears that the coroner made an error in the interpretation of the law?
Yes, by judicial review (see above). It should be undertaken by a person with sufficient interest, e.g. the family of the deceased, or a person who might be charged with causing the death.
Can a verdict be overturned or amended if new evidence is found that was not available at the original inquest?
Yes, by applying to the Attorney GeneralThe chief legal officer of the United Kingdom. It is a government cabinet position. for permission. But the length of time that has passed will be taken into account as to whether it is in the public interest to order a new inquest. Applying to the Attorney GeneralThe chief legal officer of the United Kingdom. It is a government cabinet position. is a process similar to a judicial review and you should discuss this with your solicitor.
If evidence comes to light sometime after a death that suggests a death was unnatural or the cause of death uncertain, can an inquest still be held?
Yes, if the coroner agrees there are reasonable grounds. The death certificate will be amended if new evidence reveals at the inquest that the original cause of death was wrong.
Can a body be exhumed if new evidence comes to light that suggests an inquest is necessary because a death was unnatural or the cause uncertain?
Yes, but in practice this is extremely rare. The coroner must issue a signed warrant, addressed to the persons in charge of the burial ground. The exhumation is carried out at night or early in the morning. A funeral director or a member of the family carries out identification of the body.
Will anyone be prosecuted after the inquest?
This is exceedingly uncommon, but is possible. If a death is caused by a criminal act, there should be a police investigation and the Crown Prosecution Service (CPS) will decide whether there is enough evidence to press charges. If this is going to happen, it usually does so before an inquest takes place. However, if evidence or information comes to light during the inquest which might form the basis of a criminal prosecution, the CPS can be asked to reconsider their decision. In practice, this is very rare.
Can I get a transcript of the inquest?
Yes. Anyone who is a properly interested personThose people defined in the Coroners Act 1988 as having a right to ask questions at the inquest. Family members such as parents, children, spouses, civil partners or partners of the person who has died automatically come within the definition and can ask questions at the inquest. Other relatives and those with close relationships may also be regarded as Properly Interested Persons. can obtain a copy of the transcript of the inquest by asking the coroner’s officerThe person who works for the coroner and is responsible for making arrangements for the inquest.. The difficulty is often the cost and the way in which the evidence has been recorded. Many coroners’ courts have recordings of the evidence and you have to pay for these to be transcribed by a typist which can be very expensive. Some coroners’ courts only have the handwritten notes made by the coroner.
Can I make a general complaint about an inquest or how the coroner behaved?
If your complaint is about the behaviour of a coroner or other staff at the court (but not about legal decisions or procedure) and you have not been able to sort it out with the coroner directly, you can raise your complaint with:
The OJC has a leaflet called ‘I Want to complain about a Coroner’ (link to PDF).
