Coroner's Court and Preliminary Hearings Revision Notes

Coroners Court

  • Function of Coroners Court:
    • Inquire into the manner of death when death is violent, unnatural, or sudden with an unknown cause.
    • Also investigates deaths abroad or in prison/police custody (Coroners Act 1988 s.8).
    • Not all deaths require inquests, only those not due to 'natural causes'.
  • Coroners:
    • Officers of the Crown who are qualified solicitors, barristers, or physicians with at least 5 years of experience.
    • Jurisdiction at the inquest opening is limited to evidence about determining the deceased person's identity.
    • Cases are often opened and then adjourned for more evidence.
  • Four Purposes of an Inquest:
    • Identity of the deceased
    • Place of death
    • Time of death
    • How they came by their death
  • Treasure Inquests:
    • Inquire into the discovery of treasure trove.
    • How to identify treasure:
      • Found object which isn’t a single coin
      • At least 300 years old and contains at least 10% gold or silver, plus anything found with it.
      • Usually offered to the British Museum or Museum of Wales if found in England or Wales.
  • Limits of an Inquest:
    • Does not determine the circumstances leading up to death.
    • Does not rule on criminal or civil liability or apportion blame.
  • Reports of Death to the Coroner:
    • After an accident or injury.
    • Following industrial disease.
    • During surgery.
    • Before recovery from anesthesia.
    • After violent or unnatural deaths (suicide, alcohol poisoning, drug overdose).
    • Where the cause of death is unexplained or unknown.
    • If the doctor providing the death certificate had not seen the patient within 14 days before death.
  • Post-Mortems (Autopsies):
    • Medical examination of the body to determine the cause of death.
    • Performed by pathologists, not coroners, but coroners can order them.
    • No objection is allowed, but consultation with the deceased's doctor often makes them unnecessary.
  • Inquest Verdicts:
    • Referred to as determinations or conclusions, not verdicts.
    • May be a short-form conclusion (single word or phrase) or a narrative conclusion (statement summing up the death with factual detail).

Determinations/Conclusions

  • Following an inquest, a coroner may come to several short-form conclusions:
    • Natural causes
    • Accident or misadventure
    • Road traffic collision
    • Drug-related
    • Suicide
    • Lawful killing
    • Unlawful killing
    • Industrial disease
    • Open verdict
  • Natural Causes:
    • Death caused by disease or bodily malfunction (e.g., heart attack, stroke).
    • Old age is not a recognized cause of death by science or law.
  • Accident or Misadventure:
    • Accidental deaths often involve accidents at work or on the highway.
    • Misadventure can include excessive consumption of alcohol or drugs.
  • Suicide:
    • Act of intentionally killing oneself.
    • Suicide is not illegal, but assisting someone is.
    • Care must be taken in reporting suicides to avoid causing further suicides.
    • Suicide notes are usually not read out at inquests.
  • Juries in the Coroners Court:
    • Under Coroners Act 2009, juries are involved in inquests when:
      • Death occurred in state detention and was violent or of unknown cause.
      • Death resulted from an act or omission of a police officer/armed forces member in the execution of their duty.
      • Death was caused by certain accidents required to be reported to a government department (e.g., workplace accidents under the Health + Safety at Work Act 1974).
    • Coroners may order an inquest with a jury if there’s 'sufficient reason' to do so.
    • Purpose of the jury is to safeguard civil liberties and public health.
    • Juries must have at least 7 members and no more than 11.
  • The Media in Coroners Court:
    • Coroners' Courts are open courts, like criminal courts.
    • Media has a role in covering inquests.
    • In general, inquests should be held in public (Coroners (Inquest) Rules).
    • A 1980 Home Office circular instructed coroners to inform media about all inquests.
    • Media and public may be asked to leave when inquest includes matters of national security or the interests of justice.
  • Inquests in Writing:
    • After an inquest is 'opened,' the coroner can conduct the rest 'in writing' without further hearings if the senior coroner decides a hearing is unnecessary because:
      • No real prospect that inquest findings or conclusions will be contentious.
      • No public interest would be served by further hearing.
    • Deceased relatives have the right to object.
    • Basic details about the inquest in writing should be published in advance (at least 7 days before the inquest), but no place, date, or time is needed.
    • Journalists can request copies of the written evidence.
  • Record of Inquest Evidence in Coroner's Court:
    • The Coroner’s Court is inquisitorial rather than adversarial.
    • The coroner can ‘lead’ witnesses in giving evidence.
    • Rule 37 of Coroners (Inquests) Rules 2013 allows the coroner to take written testimony when:
      • Evidence is undisputed, or a witness cannot attend.
    • The coroner must publicly announce the name of anyone whose evidence is accepted in documentary (written) form.
    • Documentary evidence should be read aloud unless the Coroner directs it shouldn’t be.
    • Journalists should be allowed to inspect or make a copy of any written evidence.
    • A copy of the official audio recording of an inquest should be made available to journalists upon application (may have a fee).
  • Inquests and Contempt of Court:
    • Inquests are courts and are covered by COCA 1981.
    • It is an offense to publish material that creates a substantial risk of serious prejudice (SRSP) to an active case.
    • While it's unlikely to prejudice an experienced coroner, you could affect a jury or witnesses.
    • An inquest becomes active when officially opened and ceases when officially ends.
    • Reporting restrictions may apply.
    • A child/YP giving evidence as a witness may be given anonymity under Section 39 of the Children and Young Persons Act 1933
    • Coroners may grant anonymity to a witness to prevent a risk to safety.

Anonymity

  • Section 39 doesn’t apply to the dead; it protects YP's welfare.
  • Courts have no power to make a Section 39 order on a dead child.
  • Children can be too young to be affected by publicity.
  • Under Section 11 of COCA 1981, naming a witness granted anonymity by the Coroner is an offense (usually police officer/member of armed forces/security services).
  • Section 45 of Coroners and Criminal Justice Act 2009 allows coroners to withhold certain information.
  • Common law and statutory protection of witnesses and jurors apply to inquest hearings.
  • Photography is prohibited.
  • Absolute privilege covers inquests (defamation).
  • Journalists can record audio of inquest proceedings as an aide-mémoire.
  • Journalists can use ‘live text-based communications’ to report inquests contemporaneously.
  • Laptops/mobiles are allowed as long as they are silent.
  • Coroners can ban this if witnesses are being coached/pressured/distracted/worried.
  • Challenges/Appeals:
    • Media challenges to reporting restrictions or decisions made in inquests must be made by Judicial Review in the High Court.
    • An inquest determination can be quashed, leading to a fresh inquest.

Preliminary Hearings

  • Defendants who deny the most serious charges will begin their case in magistrates' court for decisions on bail and case management, known as ‘sending’ hearings.
  • 'Sending for trial' refers to moving either-way and indictable-only cases from magistrates' court to Crown court.
  • Preliminary hearings may occur in Crown court after a not guilty plea but before the trial.
  • These hearings may be newsworthy.
  • Section 52A of the Crime + Disorder Act 1998:
    • Automatic restrictions designed to ensure fair hearings for defendants facing jury trials in Crown court, preventing prejudice before the trial begins.
    • Covers any hearing before the case goes to trial in Crown court.
    • Defendants must be tried only on evidence presented in trial, and the jury must not be influenced by pre-trial coverage.
  • Allocation Procedure:
    • Either-way cases have hearings in magistrates’ court.
    • If the defendant pleads not guilty, the allocation procedure begins.
    • The allocation hearing decides whether the case will be dealt with in magistrates’ court or go to jury trial at Crown court.
    • While a potential jury trial remains, Section 52A applies.
  • Indication of Plea/Formal Plea:
    • If a defendant indicates they will plead guilty, it is treated as a guilty plea, and they are convicted and sentenced.
    • If a defendant indicates they will plead not guilty and chooses summary trial in magistrates’ court, they will be asked to enter a formal plea of not guilty, and the trial can begin (at a later date).
  • Committal for Sentence:
    • A defendant in magistrates’ court who admits an offense or is convicted in a trial can be sent to Crown court for sentencing if magistrates decide their sentencing powers are insufficient (6 months in prison for one offense, 12 months for more than one, and a £5,000 fine).
  • Prejudicial Matter (Section 52A Restrictions):
    • Prevent the publication of:
      • Evidence other than the wording of the charge.
      • Previous convictions.
      • Any other matter that could create prejudice.
  • Evidence:
    • Evidence may be referred to in preliminary hearings to decide on bail or whether the trial should be a summary trial.
    • Some of this evidence may not be mentioned or may be ruled inadmissible in a Crown court trial.
    • If published, a juror may have seen it, leading to a wrongful conviction.
  • Previous Convictions:
    • The jury is not typically told about the defendant’s previous convictions, as it can affect the right to a fair trial.
    • If mentioned in media reports of a preliminary hearing, a juror may be prejudiced against the defendant.
  • Witnesses/Admissions of Guilt:
    • Cannot report the identity of witnesses at this stage.
    • Never report an admission of guilt at this stage.

What You Can Report

  • Name of court + names of magistrates/judge
  • Name, age, home address, occupation of accused
  • Relevant business info (serious or complex fraud cases only)
  • Wording of charge (in full or summarized-no other evidence)
  • Names of counsel + solicitors
  • Date + place of any adjournment
  • Bail arrangements – Granted? Refused? Conditions? Surety?
  • If bail refused, media can say this but should NOT publish why (could be prejudicial) but CAN report if defendant is remanded in custody for protection.
  • If legal aid is granted
  • Any reporting restrictions
  • Allowed to describe courtroom scene, what defendant was wearing, ‘Spoke only to confirm name and address,’ Guards stood either side.
  • Adding background info that you already know about the case is NOT against section 52A but could still create SRSP and be contempt (COCA 1981).
  • The victim’s name is not on the list of things you can automatically report, but you CAN identify the victim if he/she is identified in the wording of the charge.
  • BEWARE of ID bans (sex cases/juveniles).

Youth Court

  • Section 52A also applies to preliminary hearings of youth court cases that have the potential to go to jury trial at Crown court – the most serious of offenses.
  • These would certainly include murder or manslaughter cases in which juveniles are defendants.
  • The restrictions be lifted if
    • If the defendant asks for restrictions to be lifted, the magistrates’ court can decide to lift them to help find defense witnesses.
    • The court itself can lift these section 52A restrictions.
    • If any defendant objects to restrictions being lifted, the court must decide in the interests of justice to lift them.
    • Even if restrictions are lifted, the Act does not permit any argument in court about lifting to be reported until the conclusion of all proceedings in the case.
  • Section 52A ceases to apply when:
    • It is decided that an either-way charge will be tried summarily in magistrates’ court.
    • When proceedings against all defendants in the case have come to an end.
  • Theft: Dishonest appropriation of someone else’s property (with intent to permanently deprive) EW
  • TWOC (Taking a Vehicle Without Authority/Consent of Owner): Using a vehicle that is not your own and then abandoning it (therefore not theft) S
  • Aggravated vehicle taking: As above, but when there is an injury or the car or other property is damaged because of how it was driven EW
  • Handling Stolen Goods: Dishonestly receiving goods when you know or believe them to have been stolen (also retaining, removing, disposing of, or selling such goods) EW