FAQ
- What is the purpose of an Inquest?
- Why has it taken so long for the Inquest to resume from the first 2007 Inquest?
- Why has His Honour Judge Baker QC been appointed as Coroner?
- When will the Inquest start?
- Where will be the hearings be held?
- Will the media have access?
- Will the public have access?
- Will the transcripts be made available?
- Who can be called to give evidence?
- Can witnesses be compelled to attend or provide evidence for an Inquest?
- What are the possible outcomes for an Inquest?
- Who may take part in and can be represented at an Inquest?
- If there is a jury for the Inquest how will they be selected?
- If there is a jury, does the jury have to be unanimous in its verdict?
What is the purpose of an Inquest?
Coroners are independent judicial officers who work within a legal framework established by Act of Parliament. A Coroner’s Inquest is a process for investigating the factual circumstances of a death. It is a fact finding inquiry to establish the answers to:
- Who the deceased was
- When and Where the death occurred
- How the deceased came about his or her death
- Particulars required by the Registration Acts to be registered concerning the death.
The proceedings and evidence are aimed solely at ascertaining the answers to these questions. Expressions of opinion on nay other matter – for example, determining criminal or civil liability – are not allowed. However, the Coroner does have the power to investigate not just the main cause of death, but also “any acts or omissions which directly lead to the cause of death”.
Why has it taken so long for the Inquest to resume from the first Inquest in 2007?
The first Inquest was adjourned after the second pre-Inquest hearing, shortly after the fatal derailment at Grayrigg on 23 February 2007.
The Department for Transport felt it was necessary to wait until the Rail Accident Investigation Branch (RAIB) had released its final report into the accident at Grayrigg before deciding how the two derailments should be further investigated.
Following the release of the RAIB’s final report into Grayrigg, on 23 October 2008, the Secretary of State for Transport sought the views of affected parties on how to proceed. Having considered the views given, the Secretary of State announced on 19 June 2009 his decision to hold two separate Inquests into the Potters Bar and Grayrigg derailments.
On 14 December 2009, Mr Edward Thomas, Hertfordshire Coroner appointed His Honour Judge Baker QC as the Assistant Deputy Coroner for the Potters Bar Inquest.
Why has His Honour Judge Baker QC been appointed as Assistant Deputy Coroner?
Because of the circumstances of the Potters Bar Rail Derailment it was thought sensible to have a circuit judge to conduct the Inquest. His Honour Judge Michael Baker QC is a judge of 15 years standing with wide ranging judicial and other experience across the criminal and civil jurisdictions.
When will the Inquest start?
The Inquest is due to start on Tuesday 1st June 2010 at The Spirella Building, Letchworth, Hert’s with a view to concluding the hearing by early August 2010.
Where will the hearing be held?
The hearing will be held at The Spirella Building, Letchworth Garden City, Hertfordshire.
Will the media have access?
Yes, the press are welcome to attend the hearing. However, space is limited at The Spirella Building so we would be grateful if parties could notify Hertfordshire County Council’s press office on 01992 588516 if they plan to attend.
Those attending the Inquest should note that the courtroom is subject to the same restrictions as would apply to normal court proceedings. When the court is sitting the use of mobile phones, other communication or recording equipment, cameras and personal stereos is strictly prohibited. Eating and drinking is restricted to certain areas of the Spirella Building. The Spirella Building is a Non-Smoking venue.
Will the public have access?
Yes, as a rule, seats in the court will be allocated on a first come first served basis. However, given the size of the court room space at The Spirella Building is limited.
The public should use the main entrance to the Spirella Building where they will then be directed to the courtroom.
Those attending the Inquest should note that the courtroom is subject to the same restrictions as would apply to normal court proceedings. When the court is sitting the use of mobile phones, other communication or recording equipment, cameras and personal stereos is strictly prohibited. Eating and drinking is restricted to certain areas of the Spirella Building. The Spirella Building is a Non-Smoking venue. The press are welcome to attend the hearing.
Will the transcripts be made available?
The Coroner intends to publish on this website transcripts of what takes place in open court, including the preliminary hearings.
Who can be called to give evidence in an Inquest?
The Coroner is solely responsible for deciding which witnesses will be heard and the legitimate scope of questions, although of course he intends to canvas views on this with the interested parties in advance. Witnesses who may be called to give evidence will be those who can provide material and relevant evidence on the issues identified.
Can witnesses be compelled to attend or provide evidence for an Inquest?
The Coroner can compel witnesses to give evidence if they are in the jurisdiction and are properly summonsed. If witnesses are outside the jurisdiction the Coroner can ask the authorities concerned to exercise their powers, which may vary according to the relevant jurisdiction.
What are the possible outcomes in an Inquest?
Possible verdicts include: natural causes, accident, suicide, unlawful or lawful killing, industrial disease and open verdicts (Where there is insufficient evidence for any other verdict) There may also be a narrative verdict which sets out in narrative form how the person died. The Coroner may also report the death to any appropriate person or authority, if action is needed to prevent more deaths in similar circumstances.
If, having heard all the evidence in an Inquest, the Coroner believes that action should be taken to prevent the recurrence of future deaths; he may make a report to a person or authority with the power to take such action. This is known as a “Rule 43 Report”
Who may take part in and can be represented at an Inquest?
Anyone deemed by the Coroner to have what is called “a proper interest” may ask relevant questions of a witness at the Inquest. They can be:
- A parent, spouse, child, partner and representing the estate of the deceased.
- Anyone who gains from a life insurance policy on the deceased
- Any insurer having issued such a policy
- Anyone whose actions the Coroner believes may have caused or contributed to the death accidentally or otherwise.
- The chief police officer of police (who may ask witnesses questions through a lawyer)
- Any person appointed by a government department to attend the Inquest.
- Anyone else who the Coroner decides also has a proper interest.
If there is a jury for the Inquest how will they be selected?
The procedure for summoning juries for Coroner’s Court is set out in the Coroner’s Act 1988.
A jury will be formed of a minimum of 7 and a maximum of 11 jurors. Those selected for jury service must live within the relevant Administrative Area, which for present purposes is Hertfordshire. Jurors must be eligible for jury service (for example people serving prison sentences or having mental health disorders are not eligible) as defined in the Juries Act 1974, as amended by the Criminal Justice Act 2003.
Potential jurors are asked such questions as (the appropriate officer) thinks fit in order to establish whether or not the person is qualified to serve as a juror at an Inquest.
If there is a jury, does the jury have to be unanimous in its verdict?
The jury would be asked by the Coroner to deliver unanimous verdicts. Should that not prove possible, the Coroner would advise the jury on how it might reach majority verdicts. If the minority consists of not more than two jurors, the Coroner may accept the verdict of the majority, and the majority shall, in that case, certify the verdict. So for a jury of 11, a majority of 9-2 would suffice.