An inquest is a legal investigation into the circumstances of a death of an individual. The investigation seeks to determine the cause of death, the time of death and the location of the death. Importantly, an inquest does not attempt to propose whether there is any third party responsibility for the death. An inquest is a public investigation which is held at a coroner’s court, a coroner’s court being a legal body that will produce a report into the person’s death. Coroners are usually lawyers and doctors; they are an independent judicial body.
Why Would An Inquest Be Required?
The following occurrences are likely to result in an inquest:
- When the cause of death is still unknown following a post-mortem.
- If the death was violent.
- For deaths which are unexpected or unnatural.
- Any deaths which occur in police custody.
- Prison deaths.
- When an individual passes away overseas.
When Does An Inquest Happen?
An inquest will occur as rapidly as possible after the incident, so the person can be identified, the family informed and the death recorded. Furthermore the family of the deceased will understandably wish for a chance to say goodbye and for a funeral to be able to take place as soon as possible so their loved one is at rest. However, in some situation when other investigations need to take place, an inquest may be adjourned. The average adjournment time for inquests is 27 weeks.
What Happens During An Inquest?
During an inquest anyone who has ‘proper interest’ status is allowed to question a witness at the proceedings. A coroner determines who is given such status but commonly people granted ‘proper interest’ statuses are one of the following:
- a parent, spouse, child, civil partner
- anyone acting of the behalf of the deceased
- anyone who gains from a life insurance policy of the deceased and the insurer thereof
- anyone whose actions the coroner believes may have contributed to the death accidentally or otherwise
- the chief officer of police (who may only be asked questions through a lawyer)
- individuals appointed by a government department
Other relatives are allowed to attend the inquest but questions may only be put forward which as relevant to the medical cause and circumstances of the death. A lawyer may be used to represent a family member; however, legal aid is not available for those wishing to be represented at an inquest. A jury may be called to an inquest should a coroner deem it to be necessary.
Contact Us
Contact Freeman Harris if you need advice regarding an inquest, need to be represented at an inquest, or wish to make a fatal injury claim. All initial enquiries are free and no obligation. Click here for an online enquiry or call us on 020 7231 7150.
