Monday, 9 March 2015

Coroner's inquest

A number of LLR LMC members have recently had to attend coroner’s inquests as witnesses. Inquests can take a day a whole day and relatives of the deceased are now often encouraged to attend and to ask questions as a ‘properly interested person.’ This can be a difficult experience for family and professionals alike and as an LMC we encourage you to contact us so we can attend with you and ensure you are properly supported in addition to any help provided by your medical defence organisation.

Witnesses will be first questioned by the coroner and then by any properly interested person or their legal representative. Whether a question is relevant to the purpose of the inquest is something the coroner decides. Where relevant, the coroner will warn a witness that he or she is not obliged to answer any question which might incriminate him- or herself.

A properly interested person can be:

  • A parent, spouse, child, civil partner or partner and any personal representative of the deceased;
  • Any beneficiary of a life insurance policy on the deceased;
  • Any insurer having issued such a policy;
  • A representative from a Trade Union to whom the deceased belonged at the time of death (if the death arose in connection with the person’s employment or was due to industrial disease);
  • Anyone whose action or failure to act may, in the coroner’s view, have contributed to the death;
  • The Chief Officer of Police (who may only ask witnesses questions through a lawyer);
  • Any person appointed as an inspector or a representative of an enforcing authority or a person appointed by a Government Department to attend the inquest; or
  • Anyone else who the coroner may decide also has a proper interest.

Note - it is the coroner who decides who will be given properly interested person status.

Look out for news of an event which LLR LMC is planning with County and City Coroners to discuss any issues in particular the recent changes and developments in coroner investigation and inquest procedures.

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