insideKENT Magazine Issue 31 - October 2014 | Page 145

LAW INQUESTS – YOUR QUESTIONS ANSWERED An Inquest into the death of a loved one can appear to be a very daunting process. However, Inquests are becoming increasingly common and can play a vital role in enabling families to understand the facts surrounding the death, as well as helping them to come to terms with their loss. In our experience, to get the most from an Inquest you must know exactly what to expect and understand the vital role you can play in shaping the process. Chris Wilkinson, Partner Chris Wilkinson, a member of Cripps’ specialist Inquest Team, and himself a Deputy Coroner, answers some of the most common questions. What happens at the end of an Inquest? The Coroner will reach a formal determination on who died and where, when and how they did so. In recording the cause of death, the Coroner may refer to one of the following terms: • Accident or misadventure • Alcohol / drug related • Natural causes • Suicide • Open verdict What is an Inquest? An Inquest is an investigation that takes place after someone has died. It is in public and is led by a Coroner. The Coroner will usually be a lawyer, but can also be a doctor. They are independent, being appointed by the local authority for the area. What do Inquests do? The purpose of an Inquest is to discover, for the benefit of those bereaved and for official records, the facts surrounding someone’s death. Throughout the Inquest, the Coroner tries to establish who died and how, plus when and where the death occurred. There is no prosecution or defence and the Coroner cannot find a person or organisation criminally responsible for the death. Are Inquests held for all deaths? No, less than half of all deaths are referred to a Coroner. The Coroner will then decide whether an Inquest is necessary. An Inquest will only take place if: • The death was violent or unnatural; • The cause of death is unknown; or • The death occurred in prison, police custody or another type of state detention. The Coroner may also give a narrative conclusion setting out the facts surrounding the death in more detail and explaining the reasons for the decision. What if I am not happy with the Coroner’s decision? The outcome of an Inquest can be challenged by an application to the High Court. There are strict time limits for bringing such a challenge and it is vital that advice from an experienced solicitor is sought immediately after the original decision is made. What about if the death occurred abroad? A Coroner can and will investigate a death that occurred abroad if the body is brought back into his or her area, and the circumstances of the death would have led to an investigation if the death had occurred in England or Wales. What happens during an Inquest? An Inquest is the final part of the investigation process. In advance of the Inquest, the Coroner will make enquiries and obtain all relevant evidence. This will include asking witnesses to provide their evidence. In complex cases, there will normally be a Pre-Inquest Review to consider the scope of the Inquest and the evidence that should be obtained. Witnesses may be required to attend the Inquest to give their evidence in person. If this will be too difficult, for example in the case of family members, they can ask to give their evidence in a written statement, which will then be read out. Witnesses will give their evidence under oath and may be asked questions by the Coroner, interested parties, or their legal representatives. Interested parties can also ask questions of other witnesses. Interested parties include a spouse, civil partner, partner, child, parent, sibling, grandparent and grandchild. Can the Inquest be heard by a jury? Yes, but most Inquests are heard without one. A jury is only required whereby the death resulted from an accident at work, occurred in prison, in police custody, or another type of state detention. For further information or if you require assistance at an Inquest, please contact Chris Wilkinson, Partner at Cripps, on 01892 506 184 or [email protected]. About Cripps www.cripps.co.uk @crippslaw Cripps is a law firm serving clients nationally and internationally from offices in Kent and London. Recognised countrywide for both its commercial and private client work, the firm focuses on wealthier families, entrepreneurial businesses and the real estate sector. This article gives examples and is intended to give guidance only. 145