Inquests and Inquiries: How Do They Compare?
An inquest is in itself an inquiry which is conducted by the Coroner on behalf of the Crown, for the purpose of establishing the truth concerning the events leading to, and ultimately the cause of, death.
A Coroner's inquest provides a forum in which all persons who have a proper interest in the inquest may question witnesses, thereby providing a unique opportunity for investigation. Coroner's inquests are held to inquire into violent, unnatural or sudden deaths or into deaths which take place in some form of custody.
An inquest is inquisitorial in its procedure, unlike a criminal court where the process is accusatorial and is therefore subject to strict rules in the interests of justice.
A Coroner can choose and question each witness and can allow and prevent questions being put by others. The purpose of an inquest is to find out who the deceased was, how, when and where they met their death and the particulars to be registered. This limited remit means that an inquest cannot usually be used as a forum for asking far-reaching questions about the wider circumstances surrounding a person's death.
Juries are not required in all cases but where they are, a jury of at least seven and not more than 11 may sit.
An inquest is a fact-finding exercise and not a method of apportioning guilt. At an inquest there are no parties, there is no indictment, there is no prosecution, there is no defence, there is no trial. It is simply an attempt to establish facts.
Coroners in England and Wales are appointed by local authorities; however they are independent judicial officers not subject to local or central government control. The day to day responsibility for coronial affairs is managed by the Home Office and the general rules governing the practice and procedure of the Coroner's Court are dealt with by the Lord Chancellor in concurrence with the Home Secretary.
There is no direct right of appeal against a verdict at an inquest into a death, but an application may be made to the Queen's Bench Divisional Court for an order to quash a verdict and to order a fresh inquest. Coroner's inquests are held in public unless it is deemed to be in the interests of national security to hold it privately.
Coroner's inquests are not the only means at the present day of inquiring into the circumstances or causes of death.
Public inquiries are inquiries which are ordered by Ministers and are comparable to administrative tribunals. Some Acts of Parliament provide that a public inquiry must be held.
A public inquiry is another type of fact-finding mission.
An inquiry might be held, for example, before land is compulsorily acquired for re-development or the building of a housing estate. Inquiries may also be held into issues and controversies involving persons in government; most recently an inquiry was held to examine the legal basis for the United Kingdom's involvement of the war in Iraq. It is typical to see public inquiries called after transport or other disasters such as the Ladbroke Grove rail crash, Piper Alpha and the Dunblane massacre.
An inspector on behalf of the Minister conducts an inquiry. An inspector can be a person from the legal profession or someone with the necessary expertise to examine the matter. In some cases the inspector decides the matters at issue. In others he must report to the Minister who subsequently announces his decision and the reasons for it.
Some statutes under which inquiries, local or otherwise, may be held stipulate that they must be held in public. In others this is discretionary.
The Secretary of State can direct that evidence shall not be heard in public if this would result in the disclosure of matters relating to national security or measures taken to ensure the security of property, and if that disclosure would be contrary to national interests.
Proceedings are not so formal as in an ordinary court of law. In some cases, the Ladbroke Grove rail crash being one, witnesses were given immunity from prosecution in relation to evidence given at the inquiry, presumably in the hope that it would lead to a full and frank disclosure relating to the events that led to that particular disaster. The findings of a public inquiry are usually published and made available to the press.
Meera Maharaj
Assistant Solicitor
Personal Injury Team
Leigh Day & Co
6 0ctober 2005