His father, Ian Briggs, walked out of the hearing after the coroner refused to investigate his claim that Gavin died due to pressure from the Child Maintenance Service (CMS). The Coroner has a duty to investigate deaths: Following the report of a sudden or unexpected death, the Coroner must establish the cause of death. The Coroner is unable to apportion any blame or civil or criminal liability of another individual (as defined by section 10(2) of the Coroners and Justice Act 2009). The Chief Coroner heads the coroner system and has overall responsibility and national leadership for Coroners in England and Wales. 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). The Coroner has a duty to investigate deaths: which are unnatural or violent. 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 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. Coroners are independent judicial officers, appointed by the local authority, and are either doctors or lawyers responsible for investigating the cause of deaths. However, where an invitation is declined, it is possible that a Coroner will summons a prosecutor to appear; where this happens, the prosecutor should verify with the Coroner how their appearance would be relevant to the determination of how the deceased came about his/her death. The inquest would be held in the district where the death occurred. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. Inquests determine how a person died and ensure that lessons can be learned. Portsmouth London, SW1H 9EA. The Coroner is expected to open an inquest where there is reasonable suspicion that the deceased has died a violent or unnatural death, where the cause of Inmate Records ensures that all pertinent inmate information is processed in accordance with court documentation by maintaining a filing system and entering data Coroners have the power to call witnesses to appear at an inquest, and to determine the evidence to be heard. What's the least amount of exercise we can get away with? 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 2013. Assistant Coroner - Rachel SPEARING This legal guidance provides prosecutors with information about Coroners and their responsibilities. She has previously said she was doing her best in an inadequately resourced part of the health service. I suggest trying the record office first. 1 Schedule 1 CJA 2009). What should/can be disclosed to the Coroner? 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 2013. Zholia Alemi forged N, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies. 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'. Where the report of the first post-mortem examination is not available before a decision has to be made on a request for a second examination, the coroner should do everything within their power to ensure that a preliminary report or summary conclusions from the first examination are made available at a very early stage. In R (on the application of Christine Hurst) v HM Coroner for Northern District of London [2003] EWHC 1721 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. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. The son of a man who died at a hospital that is being investigated over the care of hundreds of patients has joined calls for a Hillsborough-style inquest. 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An 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. Can Nigeria's election result be overturned? 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. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Following the discovery she ignored four texts from him, after which he bought equipment to take his own life and drove from Hertfordshire to Hampshire, the inquest heard. 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. Eva Page, 88, who died in March 1998. Hampshire Inquest Solicitors Representing Families in Hampshire Coroners Courts. Ms Jones said she would like to see a Hillsborough-style inquest that would examine all of the deaths together and be held before a judge and jury, rather than a coroner. 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. An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. Under Rule 8 of the Coroners (Inquest) Rules 2013, Coroners are required to complete an inquest within 6 months of the date on which the Coroner is made aware of the death, or as soon as is reasonably practicable. Prosecutors should inform their Area / Casework Division Coroner SPOC of requests from coroners to assist with overseas enquiries. The prosecutor should request the coroner to reconsider their decision about non-disclosure of the report. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. The coroner has to provide evidence to the Secretary of State that a death has actually occurred; it is not sufficient for there to be a 'suspicion' of death, upon the disappearance of an individual (for example, a leg washed ashore would not be sufficient to amount to a suspicion of death; however if a rib case or skull were to be found in the same circumstances, there is a stronger case of certainty of death). Local Safeguarding Children Boards/Panels, Serious Case Reviews and Domestic Homicide Reviews. Additionally, it is possible that a Coroner may read out communications from the CPS or others during the process of an inquest hearing. This provision requires the State to take appropriate steps to safeguard life; where there are questions around this specific issue, it is likely that a Coroner will hold an 'Article 2' inquest. The Attorney has no power to order a new coronial inquest; they can only be ordered by the High Court on an application made either by the Attorney General or by a third party with the consent of the Attorney General. Message from HM Acting Senior Coroner for the City of Brighton & Hove Although the Government has eased most coronavirus restrictions, a number of measures will still be in place at Woodvale Coroners Court to ensure the VideoRussian minister laughed at for Ukraine war claims, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. Coroners inquire into the causes and circumstance of a death under section 5 of the Coroners and Justice Act 2009; inquiries are directed solely to ascertain: A Coroner will conduct an investigation (legal inquiry) when informed that the body of a person (the 'deceased') is lying within their district (geographical 'jurisdiction'). Read about our approach to external linking. WebCoroners inquests are held in cases of sudden, unexplained or suspicious deaths. information online. 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. Why Alex Murdaugh was spared the death penalty, Why Trudeau is facing calls for a public inquiry, The shocking legacy of the Dutch 'Hunger Winter', Why half of India's urban women stay at home. Inquests into the deaths of 10 patients, six of whom are pictured, were held in 2009, The families of Cliff Houghton, Dulcie Middleton, Arthur Cunningham and Eva Page were among those to call for new inquests, Dr Jane Barton was found guilty of serious professional misconduct in 2010 but no prosecutions were brought. 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. 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 2009); 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 2009. 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. Website Take me there. Hampshire Four new inquests will be held into the deaths of patients who died at a hospital that is being investigated over the care of hundreds of patients. A Coroner may contact the CPS to attend a pre-inquest review/hearing. However, before the application can be made, the Attorney has to be satisfied there is sufficient admissible evidence to persuade the Court of either of the two tests set out in section 13 the Order. WebEdward Joseph Hampshire March 5, 1922 January 4, 2018. The coroner should disclose a post-mortem examination report to a suspect, (Rule 13(2)(a) of The Coroners (Inquests) Rules 2013). It is the Coroner's prerogative to resume an inquest following a criminal trial, but where an inquest does resume, its outcome (conclusion or determination) as to the cause of death, must not be inconsistent with the outcome of the criminal proceedings (as outlined in paragraph 8 of Schedule 1 of the Coroners and Justice Act 2009). This is because an unlawful killing verdict can now be reached on the balance of probabilities. SO23 8TH, Affiliated to the Family History Federation. 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. Send your story ideas to south.newsonline@bbc.co.uk. Due to the high volumes of referrals being received by the service, we are experiencing some delays. 102 Petty France, The police will determine whether a further investigation is required, and whether a 'fresh' charging decision is needed by the CPS. Coroners are permitted to hold sections of inquests privately (Rule 11 Coroners (Inquest) Rules 2013), 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). Follow BBC South on Facebook, Twitter, or Instagram. The coroner may refuse to provide the report where the document relates to contemplated or commenced criminal proceedings (under Rule 15(d)). Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. There is a common duty upon all citizens to give information which will inform a Coroner of circumstances for when an inquest should be held. The prosecutor's likely involvement will be peripheral or may not be relevant at all to the inquest hearing. Coroners often query why charges have not been brought when in their view it is in the public interest to charge a suspect(s). Now, the Hampshire coroner has approved the requests for inquests to be held into the deaths of Dulcie Middleton, Horace Reuben David Smith, Eva Isabel Page Please be assured that we will contact you as soon as possible as we try to support all families who have recently suffered a bereavement. the Hampshire coroner has approved the requests for inquests to be held into the deaths of Dulcie Middleton, Horace Reuben David Smith, Eva Isabel Page and Clifford Houghton, which date back to 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). 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. Hampshire coroner Jason Pegg said there was no evidence the CMS was to blame. 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. Winchester Assistant Coroner - Samantha MARSH Inquests are legal inquiries into the cause and circumstances of a death, and are limited, fact-finding inquiries; a Coroner will consider both oral and written evidence during the course of an inquest. You should tell the Coroner's Office who you have chosen to take care of funeral arrangements as soon as possible to avoid any delay in release. (Examples include the Attorney's decision to request a new inquest for the victims that were killed at the Hillsborough Football Stadium in 1989; and, the decision not to apply for a new inquest into the 2003 death of Dr David Kelly, a government scientist.). Officers have been reviewing documents, including 15,000 death certificates and 700 patient records, after the Gosport Independent Review Panel (GIRP) found there was a "disregard for human life" at the hospital. 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. Coroners employ officers to assist them with their investigations. The Coroner is an independent judicial officer, appointed by the local authority. Read about our approach to external linking. R. 167 where a scenario of 'autrefois convict' (the defendant had been convicted in an earlier prosecution - in this case, brought about by another prosecuting authority) arose, leading to an abuse of process. Intervention is not expected in every case, but prosecutors may be contacted by the Chief Coroner, or the Coroner handling the case, for a progress report where the cause of delay appears to lie with the CPS. The coroner said evidence about child maintenance payments was "not relevant". 01980 622992. If the death is not due to natural causes, an inquest will be necessary. Ms Jones said she would like to see a Hillsborough-style inquest that would examine all of the deaths together and be held before a judge and jury, rather than a coroner. 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). Prosecutors should make an application to the coroner under Paragraph 1(4) Schedule 5 of the Coroners and Justice Act 2009. Send your story ideas to south.newsonline@bbc.co.uk. Term used in a coroners verdict to explain an unexplained death Hampshire inquests The Hampshire coroners records were all destroyed which The coroner advised the family to make an official complaint to the QA, which they did. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. 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. WebDetails of upcoming Openings, Inquest Hearings, Pre-Inquest Reviews, Documentary Inquests and Adjournments. Although there will be no direct involvement of the CPS in the death, there may be a need for the CPS to appear as a witness/party in an Article 2 inquest, as a result of the peripheral involvement. natural causes (including fatal medical conditions); dependence on drugs/non-dependent abuse of drugs; lawful killing (such as deaths caused during acts of war, or self-defence); open verdict (where there is insufficient evidence for any other verdict). Area Coroner - Rosamund RHODES-KEMP, Assistant Coroner - Simon BURGE This is because in some countries the investigation and evidence gathering process is a judicial not a law enforcement function. The Coroner usually conducts the inquest alone but Registered Charity No 284744, Hampshire Genealogical Society, 2023 | Site by Wizbit. The decision of the Supreme Court in Maughan means that the ordinary expectation that a prosecution should follow a verdict of unlawful killing, found in cases such as R v DPP ex parte Manning [2001] QB 330 and R v (on the application of Dennis) v DPP [2006] EWHC 3211, no longer applies. Where there has been destruction of a body - by fire for example - or where the body may be irrecoverable (such as 'lost at sea') an inquest will be held as defined by section 1 of the Coroners and Justice Act 2009. 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 2009. GOV.UK guide to Coroner services and investigations. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. R. 1 and Smith v DPP & Another [2000] 164 JP 96 which both refer to inquests taking place before criminal proceedings. A Coroner's Officer will make contact with the GP in the first instance to make these enquiries. 62,871. 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. 01722 422300. This approach reduces the number of cases which may eventually lead to a verdict of unlawful killing in a coroners court although some notable exceptions include: Prosecutors may be present during inquest hearings where unlawful killing conclusions have been found, or may be contacted by bereaved family members, the police or the Coroner. 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 2009). government's services and Several hours later she sent him a text that read: "I've just found out the last three years of my life has been based on lies.". Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place. Filter your results by date, publication, region, county, place, type or public tag Hampshire, England 6,079 Liverpool, Lancashire, England 5,656 Birmingham, Warwickshire, England 5,120 If a post mortem is necessary, it is usually performed 3 to 4 working days after removal. Where a death has occurred aboard an aircraft, the Coroner residing within the district where the aircraft lands will hold the inquest, regardless of where the aircraft was located when the death occurred. Her diary entries were never meant to record the war [], Hampshire Genealogical Society Solicitor Emma Jones, who represents some of the families, said she had also requested inquests for Arthur Cunningham and Gladys Richards, who both died in 1998. 1 Guildhall Square Coroners will not normally use neglect or self-neglect to form any part of their conclusion, unless a clear and direct causal link is established between the conduct described, and the cause of death. Russian minister laughed at for Ukraine war claims. Assistant Coroner - Karen HARROLD Rule 25 (4) of The Coroners (Inquests) Rules 2013 requires a coroner to adjourn an inquest and notify the Director of Public Prosecutions, if during the course of the inquest, it appears to the coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence. Assistant Coroner - Darren STEWART For road traffic fatalities, this is permitted as section 20(5) of the Road Safety Act 2006 does not apply where the cause of the deceased's death cannot be proved. This section should be read in conjunction with When a prosecutor receives a Coroner's summons to an Article 2 inquest below. Any decision to investigate by the police, should be communicated to the coroner and CPS. The guidance sets out some considerations for coroners to assist in deciding whether to arrange a second post-mortem examination. 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