Why would an inquest be adjourned

Since Middleton there have been a small number of cases which illustrate other examples of State involvement and will be of interest to prosecutors. In R on the application of Christine Hurst v HM Coroner for Northern District of London [] EWHC Admin the deceased was killed by a man known to be violent and potentially mentally ill, and was someone he had given evidence against in eviction proceedings.

It was argued the police and local authority could have foreseen the incident and that it was preventable, as both bodies were aware the victim Hurst was in danger from his eventual killer Albert Reid convicted of manslaughter in Additionally, in Osman v UK 29 EHRR , had the authorities done all that was reasonably expected of them, they could have avoided the threat to the life of an individual of which they had, or ought to have had knowledge.

In this case the individual was known to the police and education authorities to have been harassing and threatening students and their parents; he went on to kill one of the student's parents and a teacher at the school. In cases involving the State in this way, prosecutors may be called to give evidence on the role of the CPS at inquests and should comply with the coroner's request. The most typical scenarios include where there has been a CPS decision not to charge a suspect or where the prosecutor has not contested a bail application, and the suspect has subsequently killed the deceased.

Where an Article 2 inquest is linked to civil proceedings for example, litigation for damages , prosecutors should inform their line management and Chief Crown Prosecutor, or equivalent, to ensure the necessary steps are taken to handle the proceedings. Coroners may hold pre-inquest reviews or hearings in more complex cases, with the aim of assisting their inquest preparation. There is no statutory authority or set procedure for the hearings; they are held in the same manner as an inquest — in an open court, and therefore in most instances open to the public , and will provide interested persons the opportunity to be present and to hear the relevant issues.

There is no obligation for a prosecutor to attend these hearings, unless there is a business need to do so. Where suspicion arises that the deceased's death was caused by a criminal act, the Coroner will open an inquest, and then adjourn it until the conclusion of any criminal proceedings has been finalised, sine die without fixed date.

The CPS will be involved with Coroners' adjournments where there is cause to believe that the death of the deceased was as a result of:. These circumstances are all outlined under paragraph 1 6 of Schedule 1 of the Coroners and Justice Act The Act at Schedule 1 requires the Coroner to adjourn an inquest as follows:. Coroners can themselves without external influence adjourn inquests pending a public inquiry as set out in paragraph 3 of Schedule 1 of the Coroners and Justice Act or under Rule 25 4 of the Coroners Inquest Rules Coroners are aware the CPS cannot initiate criminal investigations, and will provide the same material to the police.

The coroner can discharge this function under Rule 28 in two scenarios:. Scenarios where there have been no previous police or CPS involvement are rare, but do occasionally arise. Upon referral, the Coroner will contact the relevant prosecutor to arrange for receipt of the relevant material.

A prosecutor cannot consider charges from the material received directly from the coroner, but should consult the police who will consider whether an investigation is required. Any decision to investigate by the police, should be communicated to the coroner and CPS. However, the inquest may be stopped adjourned when any evidence is heard which gives the Coroner cause to believe the death may have been caused by a homicide offence. The Coroner's statutory power to refer the case to the CPS will require a prosecutor to consider whether the material needs to be passed to the police.

The prosecutor should consider whether any new evidence or information within the Coroner's proceedings has the capability to change any previous CPS decision not to bring criminal charges that is, any evidence or information which had not been previously available during the CPS' initial consideration.

Coroners cannot refer a case for the CPS to reconsider charges based on public interest alone; further evidence is required for a Rule 25 4 referral to be made to the CPS. The police will determine whether a further investigation is required, and whether a 'fresh' charging decision is needed by the CPS. The police should notify the Coroner and bereaved of the next steps to be taken; prosecutors may also want to ensure CPS Bereaved Families Policy is adopted as required.

In these circumstances, the Coroner will adjourn the inquest until the consideration of the charges if there are to be any is concluded. Where the Coroner is requested to adjourn an inquest under paragraphs 1 or 2 of Schedule 1 of the Coroners and Justice Act , the CPS should ensure the reasons for adjournment ultimately, that a suspect has been charged in connection with deceased's death cover the circumstances in which the death occurred, and that this is properly communicated to the Coroner.

Where the offence is one other than those listed under paragraph 1 6 of Schedule 1 of the Coroners and Justice Act , the prosecutor should clearly communicate the reason why the coroner should adjourn the inquest. Prosecutors should note a Coroner can continue with an inquest if notified by the CPS that adjournment is unnecessary. For example, an inquest can run in parallel with the criminal proceedings where there has been a fatal collision and charges have been brought under section 3 of the Road Traffic Act or any other offence that is not listed in paragraph 1 6 of Schedule 1 of the Coroners and Justice Act as above.

For road traffic fatalities, this is permitted as section 20 5 of the Road Safety Act does not apply where the cause of the deceased's death cannot be proved. Further information can be found in the legal guidance, Guidance on charging offences arising from Driving Incidents see section on Inquests.

It may be beneficial for the reviewing lawyer to attend the inquest, in case the Coroner hears any evidence which questions the original charging decision. Prosecutors should bear in mind the cases of Re Beresford Harold [] 36 Cr. Smith in particular considers in summary cases it may be beneficial for magistrates to adjourn the criminal proceedings whilst the Coroner holds the inquest; however, there is no absolute rule of law for magistrates to take this action.

Following an inquest the Coroner can make recommendations to prevent future deaths from occurring, previously known as a 'Rule 43 Report' but now known as a 'Preventing Future Deaths Report' or 'PFD Report' as set out in paragraphs 28 and 29 of the Coroners Investigations Regulations The respondent is given 56 days to reply in writing, giving details of actions that have been taken or proposed to be taken, or an explanation as to why no action will be taken to prevent future similar deaths.

It is likely the CCP or even the DPP will also have been sent the Report and arrangements will be put in place to liaise with the appropriate prosecutor in preparing a response. Coroners have the power to call witnesses to appear at an inquest, and to determine the evidence to be heard.

It is the general duty of every citizen under common law to attend an inquest if they are in possession of any information or evidence that details how a person came to their death. Notification to appear as a witness will generally be informal, but a Coroner can issue a summons where a witness absents themselves without explanation.

Summonses are issued under the Coroner's common law powers and are governed by the directions set out in the Civil Procedure Rules. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents.

All witnesses who are competent can be compelled to attend a Coroner's Court; a person cannot refuse to be a witness because they fear their evidence may lead to them being charged with an offence connected with the death of the deceased. Once sworn in, a witness may refuse to answer any questions put to them on the grounds of self-incrimination Rule 22 - Coroners Inquests Rules Prosecutors may be invited by the Coroner to attend an inquest and can be summonsed if their absence has not been agreed by the Coroner.

The prosecutor's likely involvement will be peripheral or may not be relevant at all to the inquest hearing. Prosecutors should note there are two types of inquest they may be called to appears as a witness, each with different responsibilities for the CPS.

Prosecutors should in the first instance clarify with the Coroner the type of inquest that will be heard and how their evidence will be relevant to the inquest proceedings.

Prosecutors should decline invitations to attend standard inquests on the grounds that their evidence would not necessarily be relevant to be heard during the inquest. Prosecutors may find they are summonsed to explain why a charging decision was not made despite being the case being in the Coroner's view in the public interest, or why delays to the progress of a prosecution case have occurred in more complex cases.

Prosecutors should contact the Coroner and explain why the summons does not apply, and explain why the delays have occurred in writing. Where the coroner insists that a prosecutor needs to comply with the summons request, a prosecutor should consider applying to have the summons set aside formally.

Prosecutors should make an application to the coroner under Paragraph 1 4 Schedule 5 of the Coroners and Justice Act A prosecutor may receive an attendance request or summons to appear in front of an Article 2 inquest; compliance is essential where the CPS has been involved in the events that led to the death of the deceased.

For example, a typical scenario may arise where a CPS decision not to charge a suspect or where a bail application was not contested led to a suspect subsequently killing the deceased.

Despite the involvement being of a peripheral nature, prosecutors need to comply with the Coroner's request as directed. It is essential the prosecutor's line management and CCP, or equivalent, is made aware of such proceedings. Civil proceedings may also be instituted by the bereaved family in these circumstances; it is essential prosecutors inform their line management chain in order to facilitate the best response from the CPS.

All inquests are held in public except in the 'interests of justice or national security' , allowing members of the public and journalists the right to attend. Coroners are permitted to hold sections of inquests privately Rule 11 Coroners Inquest Rules , although this will only apply to a specific part of the hearing usually evidence that may prejudice or compromise national security if disclosed into the public domain.

Powers for coroners and other judges to hold closed material proceedings are permitted under the provisions of sections of the Justice and Security Act Typically, the police will inform the Coroner of any reporting restrictions in place as a result of criminal proceedings ongoing and any subsequent impacts thereafter.

In most cases, reporting restrictions will be lifted following the finalisation of criminal proceedings, but it is for the police to ensure the Coroner is apprised of restrictions where required for a longer period.

Coroners can impose reporting restrictions to ensure risks to prejudicing the administration of justice are avoided; these include specific powers to prohibit the publication of personal details of any children or young people who appear as a witness. In these circumstances the Coroner should notify the CPS and police. Section 11 of the Contempt of Court Act provides that in any case where a court allows a name or other matter to be withheld from the public in proceedings before the court, the court may give directions prohibiting the publication of that name in connection with the proceedings.

For further information on contempt, prosecutors should refer to legal guidance on Contempt of Court and Reporting Restrictions. As mentioned above, criminal proceedings will usually be heard and finalised before an inquest is fully heard.

Any civil proceedings for example for damages claims will normally follow an inquest, as all facts about the cause of death will then be known. Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place. It will be for the Coroner and the relevant enforcing authority to decide the order in which the regulatory proceedings and inquest will take place.

This process was put in place following the case of R v Beedie 2 Cr. The Protocol has been designed to ensure effective liaison takes place between its signatories to avoid the problem of double jeopardy arising. Coroners may request updates on the progress of a case, and there should generally be no obstacle preventing the prosecutor providing an update. Coroners most commonly seek a legal explanation of a CPS charging decision made or question its premise, and as a result ask to see a copy of the MG3.

As legal guidance on Disclosure of Material to Third Parties cites, the MG3 should not be routinely disclosed; however, information may be extracted to provide the Coroner with further details where required.

Prosecutors should refer to the legal guidance on Disclosure of Material to Third Parties for further information. The report is for the Coroner only. Further onward disclosure would be for discussion with the police. The same principle will apply to disclosure of reports from the CPS.

Legal Professional Privilege LPP extends to confidential communications between a lawyer and client in the usual way and applies to oral and documentary evidence equally in the Coroner's Court. A Coroner has no power to order the production of documents where LPP applies; production can only be compelled through a High Court or County Court summons.

Prosecutors will be aware of the LPP that applies to specific case material and the MG3 - there is no statutory obligation for specific documents to be disclosed to a Coroner unless a summons has been issued. Prosecutors should use their discretion to determine the case information they disclose, but should note that information to be disclosed only needs to be relevant to the Coroner's inquest parameters; there is no requirement to disclose any specific information in statute governing the coroners' conduct.

Additionally, it is possible that a Coroner may read out communications from the CPS or others during the process of an inquest hearing. Unfortunately there is no mechanism to avoid this, but the disclosure of CPS communications may be prevented if the coroner is explicitly told of the restricted nature of the communication at the time it is sent. Local Safeguarding Children Board LSCB as introduced by section 13 of the Children Act are required to conduct a multi-agency Serious Case Review SCR where there has been a serious sexual abuse or impairment to the health and development of a child; or, where a vulnerable adult is experiencing abuse or neglect and has died following a serious incident.

Domestic Homicide Reviews DHRs introduced by section 9 of the Domestic Violence Crime and Victims Act , in April are multi-agency reviews undertaken following a domestic violence related homicide. Both reviews look at lessons to be learned from the circumstances of the death; they do not seek to reinvestigate the situation in which the death occurred, nor do they seek to apportion blame. A Coroner can request information from the LSCB as part of their inquest investigation, and it is the responsibility of the Chair of the Board to make the decision as to what should be released.

The Chair will usually consult with the agencies involved, and may request to agencies to suggest redactions to any document proposed for release. Given the CPS' role with these panels, it is likely that most information we provide to the Board or Panel will be disclosed; however, prosecutors should redact information if they consider it inappropriate to be disclosed.

It is likely that the Coroner will use the Report issued by the Safeguarding Board or Panel to make recommendations to specific agencies where the death of the individual could have been prevented under the Preventing Future Deaths Reports.

The High Court said that disclosure was permitted only to the Coroner and not to interested parties at any request. Coroners often query why charges have not been brought when in their view it is in the public interest to charge a suspect s. Prosecutors may need to explain the stages of the Full Code Test in detail to reassure the Coroner that thorough considerations have been made.

The Coroner has the discretion to resume an inquest or not following the conclusion of criminal proceedings see paragraph 7 of Schedule 1 of the Coroners and Justice Act ; there will sometimes be a resumption of an inquest, despite a suspect being convicted of one of the offences listed in paragraph 1 6 of Schedule 1 of the Coroners and Justice Act When a coroner resumes an inquest following criminal proceedings, the coroner must ensure the outcome of the verdict is not inconsistent with the relevant criminal proceedings or other reason s that the Coroner's investigation had been originally suspended paragraph 8 of Schedule 1 of the Coroners and Justice Act CPS prosecutors are sometimes asked to assist coroners make a request to a foreign authority for particular information even where there is no criminal prosecution in the UK, for example a copy of an autopsy report or to obtain statements from witnesses abroad.

This is because in some countries the investigation and evidence gathering process is a judicial not a law enforcement function. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice.

Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Coroners Updated: 02 February Legal Guidance. Introduction What is a Coroner?

Office of the Chief Coroner What does a Coroner do? Coroners automatic jurisdiction Are all deaths reported to a Coroner? What will a Coroner do when a death is reported? Will the Coroner arrange a second post mortem? Inquests What is an inquest? What is a Coroner? What does a Coroner do? Coroners inquire into the causes and circumstance of a death under section 5 of the Coroners and Justice Act ; inquiries are directed solely to ascertain: who the deceased was; how, when and where the deceased came by his or her death; and, the particulars if any required by the Births Deaths and Registrations Act to be registered concerning the death.

Coroners automatic jurisdiction Prosecutors should note there is one circumstance where the coroner will have automatic jurisdiction power to exercise their function : where a death caused by natural causes occurs in a prison or other place of 'custody'. Are all deaths reported to a Coroner? Road traffic collision deaths Where there appears to be a genuine prospect of a prosecution for death by careless or dangerous driving then the police may indicate to the coroner that they would like the coroner to authorise a full forensic post-mortem examination which may amount to a second post-mortem examination if the coroner has already authorised a post-mortem examination.

Inquest conclusions There is no definitive list of conclusions available to a Coroner. The coroner will suspend his or her investigation and adjourn any inquest held as part of that investigation upon the police notification, pending completion of the police investigation and, where appropriate, prosecution.

The police will, when referring a case to the CPS for early advice or where a charging decision is being requested, provide the details of the coroner to enable the prosecutor to establish early contact. The CPS will notify the coroner where his or her investigation can run in parallel with the criminal proceedings. The coroner will only resume the investigation and any inquest where one was adjourned after the outcome of the criminal proceedings is communicated by the appropriate officer of the court or where the coroner is informed that there is to be no prosecution.

Narrative conclusions Coroners or a jury may also deliver a 'narrative' conclusion which sets out the facts surrounding the death in more detail. The coroner will open the inquest in order to issue a burial order or cremation certificate if not already issued immediately after the post-mortem examination as well as hearing evidence confirming the identity of the deceased.

The inquest will then be adjourned to be resumed at a later date. When the coroner's investigations are complete, a date for the inquest is set and the people who need to know will be told. Inquests are open to the public and journalists are usually present. From most inquests should take place within 6 months of the death but this may take some time to implement as some parts of the country have rather longer waits. Inquests are not permitted to determine blame and the conclusion verdict will not identify someone as having criminal or civil liability.

If police charge someone with causing the death, the inquest will not be resumed and the next of kin will be informed of the arrangements made to register the death. This is to avoid two different courts examining the same evidence. If a coroner decides an inquest is necessary it does not mean that all the practical issues have to be delayed until the inquest is complete.

The investigations for inquests can sometimes take weeks or even months depending on the complexity of the case. As well as issuing permission for the funeral to go ahead, the coroner can issue a Certificate of the Fact of Death often referred to as an interim certificate , which can be used to notify asset holders and other organisations of the death and to make an application for probate. A grant of probate or letters of administration can be obtained and the estate distributed.

However some insurance companies will not pay out from any policies held in case the circumstances of the death makes the policy invalid, e. If police are investigating a death in suspicious circumstances, this may also delay distribution of an estate because a beneficiary will be disqualified if they are convicting of causing the death.

A coroner's officer will keep you up to date with what is happening. They will be aware that it can very difficult and frustrating when you are waiting for what seems like a very long time to find out what happened to the person who died and have things fully explained. Often the coroner's officers are waiting for information from police, doctors or other investigatory agencies such as the Health and Safety Executive.

A coroner's officer should contact you at least once every 3 months while you are waiting for the inquest to update you on the progress of the investigation. If you need to call the coroner's officer for any reason, it is best to avoid first thing in the morning when the phones will be especially busy with new investigations being notified to them. Please call the Registration service to find out is this service is available in your area. However, you will not receive the death certificates until after the inquest.

Coroners decide who should give evidence as a witness, and witnesses are required by law to attend. Anyone who believes that they may have information that may help can offer to give evidence by informing the coroner. If anyone believes a particular witness should attend, they should inform the coroner. Anyone with a legitimate interest is also allowed to question witnesses at an inquest, for example, relatives.

The coroner must be made aware of anyone who believes they have a legitimate interest and the nature of their questions before the inquest. Possible outcomes include: natural causes; accident; suicide; unlawful or lawful killing; industrial disease and open verdicts where there is insufficient evidence for any other verdict. Sometimes a coroner uses a longer sentence describing the circumstances of the death, which is called a narrative verdict.

The coroner may report the death to any appropriate person or authority, such as the Health and Safety Executive if action is needed to prevent more deaths in similar circumstances. At the close of the inquest the coroner forwards information to the registrar of births and deaths to allow the death to be registered and the family can then purchase death certificates from the registrar. This can be done by post if the family live at some distance from the registration office.

Here's some more information on what to expect from a coroner's inquest.