Inquests

What is an inquest?

An inquest is a fact finding inquiry into the circumstances of a death.  It is held in open court, sometimes with a jury.  It is up to the coroner to decide how to organise the inquiry.  It is not a trial, so there is no prosecution or defence, no claimant or defendant.

The coroner will hold an inquest if:

  • the cause of death is apparently unknown; or
  • the cause of death is apparently unnatural; or
  • death occurs in state custody (police, prison or mental health detention).

Coroners hold inquests in these circumstances even when the person died outside England and Wales if the body is returned here.  If an inquest is to be held, the coroner's officer will inform the nearest relative of the deceased (whose contact details will have been passed to the coroner's officer by the police or hospital).

Inquests are held in public, so anyone can attend, and interested persons (which includes close family members) may ask questions.  Some families obtain legal representation, but others do not and the coroner helps the family spokesperson to put their questions.  If you decide to instruct a lawyer, you should do so at as early a stage as possible.  The coroner will be unlikely to adjourn an inquest simply because a lawyer is not ready.

Please contact the coroner's officer immediately the inquest is listed and well in advance of the hearing, if wheelchair access or an interpreter is needed.  Any witness who seeks special measures to give their best evidence should advise their coroner's officer at the earliest opportunity. 

There is no mandatory dress code for an inquest, but witnesses should dress respectfully of the bereaved family, and any legal representative will usually wear a suit.  There are no refreshment facilities in any of the three Coroner's Courts of Inner North London, but they each have toilets.

On the day of the inquest:

  • doors of the building will open 15-30 minutes before the inquest is listed to begin;
  • those waiting will be admitted until the court reaches capacity.

The gold standard for length of time from report of death to inquest is within 6 months for non jury inquests, and within 12 months if the coroner is going to sit with a jury (almost always needed for deaths in state custody and accidents at work).  Unfortunately, staff shortages at Inner North London mean that non jury inquests are currently being listed approximately 8-9 months after death.  Jury inquests are being listed within the target of within 12 months, provided other agencies such as the Independent Office for Police Conduct (IOPC), the Prisons and Probation Ombudsman (PPO) and the Health and Safety Executive (HSE) have completed their reports in sufficient time to allow the necessary preparation.

In the meantime, the coroner can provide an interim certificate of the fact of death.  You can use this for benefits and national insurance purposes.  Financial institutions usually accept such a certificate as evidence of the death.

Inquests are audio recorded by the court.  No other recording may be made.  Any attempt to do so may amount to a contempt of court.  Interested persons seeking a copy of the recording of their inquest should contact the relevant coroner’s officer.   If that is authorised, then payment may be made.  (Please note that the account name and address is the name and address of the applicant for the recording.)  The recording is provided on a USB stick.