Coroners Inquest
We appreciate you have been through a traumatic accident, a stressful police station interview and possibly a prosecution in the criminal courts, and now also a Coroners Inquest where you will come face to face with the family of the deceased.
Our objective is to protect your interests. The police officers in charge of your case, and also the accident investigator will be present at the hearing. Anything you say at the inquest can alter the prosecution charge against you, for example the charge can increase from careless driving to Death by Dangerous Driving, or your evidence at the inquest could provide the police with the information required to charge you with an offence.
Your specialist solicitor will limit the questions put to you in the witness box, as the Coroners Court is not a court of blame.
The purpose of the inquest is to enquire, in certain specified circumstances, into the identity of the deceased, where, when and how he or she came to their death.
Proceedings at an inquest are inquisitorial, rather than adversarial. Often the family of the deceased will want to apportion blame on you, however this in not a court of blame and your barrister or solicitor will object to such questions.
In order to prevent the charges from increasing, your representative will inform you of Rule 22 of the CORONERS RULES Act 1984, which states:
Rule 22 Self-incrimination
- (1) No witness at an inquest shall be obliged to answer any question tending to incriminate himself.
- (2) Where it appears to the coroner that a witness has been asked such a question, the coroner shall inform the witness that he may refuse to answer.
Your representative will do their best to ensure you do not incriminate yourself further and diplomatically ensure you to do not anger the family of the deceased.
Furthermore your representative will discuss with you if you would like to have a brief meeting with the family of the deceased, to offer your condolences, and to make reconciliation. Of course this will only be done if the circumstances are appropriate, and your representative and the police family liaison officer will be present during the meeting. The aim of this is to help start the healing process for you.
We have a fixed fee which includes all telephone calls, letters to the police and Coroners Court, obtaining a copy of the evidence and witness list from the Coroner’s Clerk, discussing the case with you and obtaining your instructions, travel to the Coroners Court and representation at the Inquest itself including a conference before and after the hearing.
In most cases the inquest will last only one day, should the inquest be listed for more than one day, we shall inform you of the barristers fees for the subsequent court attendances.
After the hearing your representative will advise you the next steps. Usually the Inquest will take place before the hearing at the Magistrates Court, and therefore is an opportunity to consider the strength of the evidence against you and decide on your plea.
Your representative shall also give you advice on your chances of defending the case in the criminal courts based on the evidence heard at the Inquest.
If you or any member of your family is required to attend an inquest, contact us today for free advice about your case.