week 9 — inquests and suicide

what is an inquest and whats its purpose?

inquest - public inquiry held in coroners court into deaths that are sudden, unexplained, violet or unnatural

purpose:

• who died, where, when and how so a birth certificate can be completed

• it does not determine criminal or civil liability or attribute blame

when is a coroner legally required to investigate a death?

a coroner must investigate if:

• the cause of death is unknown

• the death was violent or unnatural

• the person died in custody or state detention

violent or unnatural deaths = crime, accidents, suicide

how is an inquest conducted and decided?

post-mortem carried out by pathologist

coroner records a determination (short-form or narrative)

Aim - preventing future deaths in similar circumstances

when is a jury used in an inquest

A jury of (7-11 people) is required if:

• the deceased died in custody or state detention and death was violent, unnatural or unknown

• death resulted from acts or omissions of police or armed forces on duty

• death resulted from a reportable accident, poisoning or disease

A jury may also be sad if the senior coroner believe there is sufficient reason

Purpose: safeguard civil liberties and public health

what powers does a coroner have and how does open justice apply?

coroners have judicial powers- jailing witnesses for contempt, imposing reporting restrictions and making section 11 orders

inquests should normally be held in public

documentary evidence may be admitted if undisputed or if a witness cannot attend; it can be read aloud and inspected by journalists

what information can journalists access from an inquest

• documentary evidence

• record of inquest

records: details of the death and determination

Access granted under - Article 10 ECHR and open justice principles, supported by chief coroner guidance

NO direct appeal, but determinations can be challenged via judicial review and verdicts can be quashed

what are treasure inquests

decide wether objects are legally classed as treasure (gold, silver or over 300 years old)

museums may acquire them; finders may receive a reward.

If not acquired the landowner decides what happened to the item

what rules govern reporting suicide?

IPSO editors code and ofcom code require responsible reporting to prevent information:

• CLAUSE 5 EDITORS CODE: avoid excessive detail of method

• OFCOM SECTION 2: methods must not be included unless editorially justified

“excessive detail” means detail that could enable or encourage others to copy the method

what is acceptable and unacceptable in suicide reporting

acceptable:

• stating death was suicide

• general reference to method (hanging, overdose)

unacceptable:

• specific methods, quantities, instructions

• naming or promoting suicide locations without public interest

• publishing suicide notes

• romanticising death or using tributes portraying the deceased as an “angel”

Public interest may justify naming a location

what do samaritans guidelines and case law require

reports should not:

• portray suicide as quick, painless or certain

• oversimplify causes

• suggest suicide achieved a goal

• use large or repeated images

• publish technical details

Reports should emphasise prevention and include support information. In Mr and Mrs Marsh v Reading Chronicle (2009), a complaint was upheld due to excessive detail about method

clause 5 of the editors code

“when reporting suicide, to prevent stimulative acts care should be taken to avoid excessive detail of the method used, while taking into account the media’s right to report legal proceedings”

section 2 of the ofcom broadcasting code

“methods of suicide and self harm must not be included in the programmes except where they are editorially justified and are justified by the context”

what does excessive detail mean

the level of detail would encourage or enable others to try this method to kill themselves

okay to say someone hung themselves - but not how

okay to say someone overdosed - but not which tablets

• Unethical to report a particular location if often used for suicide

• if there is general public interest in reporting the issue then the place can be named ie if local community is campaigning for more patrols or sings are needed