Inquests in England and Wales are held into sudden or unexplained deaths and also into the circumstances of and discovery of a certain class of valuable artefacts known as "treasure trove". In England and Wales, inquests are the responsibility of a coroner, who operates under the jurisdiction of the Coroners and Justice Act 2009. In some circumstances where an inquest cannot view or hear all the evidence, it may be suspended and a public inquiry held with the consent of the Home Secretary.

Where an inquest is needed

There is a general duty upon every person to report a death to the coroner if an inquest is likely to be required. However, this duty is largely unenforceable in practice and the duty falls on the responsible registrar. The registrar must report a death where:

  • The deceased was not attended by a doctor during their last illness
  • The death occurred within 24 hours of admission to a hospital
  • The cause of death has not been certified by a doctor who saw the deceased after death or within the 14 days before death
  • The cause of death is unknown
  • The registrar believes that the cause of death was unnatural, caused by violence, neglect or abortion outside the exemptions of the Abortion Act 1967, or occurred in suspicious circumstances
  • Death occurred during surgery of any kind or while under anaesthetic both local and general
  • The cause of death was or was suspected to be an industrial disease
  • The death relates to public health or the general health or welfare of the public-at-large

The coroner must hold an inquest where the death is:

  • Violent or unnatural
  • Sudden and of unknown cause
  • In prison or police custody
  • Suspected to be suicide

Where the cause of death is unknown, the coroner may order a post mortem examination in order to determine whether the death was violent. If the death is found to be non-violent, an inquest is unnecessary. In 2014 the Royal College of Pathologists claimed that up to 10,000 deaths a year recorded as being from natural causes should have been investigated by inquests. They were particularly concerned about people whose death occurred as a result of medical errors. "We believe a medical examiner would have been alerted to what was going on in Mid-Staffordshire long before this long list of avoidable deaths reached the total it did," said Archie Prentice, the pathologists' president.

Following further pressure in 2015 from the Royal College of Pathologists citing the Harold Shipman murders as evidence that reforms to the issuing of death certificates was necessary the Department of Justice began a review which was published in August 2024.

Juries

A coroner must summon a jury for an inquest if the death was not a result of natural causes and occurred when the deceased was in state custody (for example in prison, police custody, or whilst detained under the Mental Health Act 1983); or if it was the result of an act or omission of a police officer; or if it was a result of a notifiable accident, poisoning or disease. The senior coroner can also call a jury at their own discretion. This discretion has been heavily litigated in light of the Human Rights Act 1998, which means that juries are required now in a broader range of situations than expressly required by statute.

Scope of inquest

The purpose of the inquest is to answer four questions:

Under the terms of article 2 of the European Convention of Human Rights, governments are required to "establish a framework of laws, precautions, procedures and means of enforcement which will, to the greatest extent reasonably practicable, protect life". The European Court of Human Rights has interpreted this as mandating independent official investigation of any death where public servants may be implicated. Since the Human Rights Act 1998 came into force, in those cases alone, the inquest is now to consider the broader question "by what means and in what circumstances".

In disasters, such as the 1987 King's Cross fire, a single inquest may be held into several deaths. Some inquests, such as the John Lawler inquest, result in a prevention of future deaths report.

Procedure

Inquests are governed by the Rules. The coroner gives notice to near relatives, those entitled to examine witnesses and those whose conduct is likely to be scrutinised. Inquests are held in public except where there are real issues and substantial of national security but only the portions which relate to national security will be held behind closed doors.

Verdict or conclusions

The following conclusions (formerly called verdicts) are not mandatory but are strongly recommended:

  • Category 1
  • Natural causes
  • Industrial diseases
  • Dependency on drugs or non-dependent abuse of drugs
  • Lack of attention at birth
  • Lack of care or self-neglect
  • Category 2
  • Suicide
  • Attempted or self-induced abortion
  • Accident or misadventure
  • Execution of sentence of death
  • Lawful killing (formerly "justifiable homicide")
  • Open verdict (cause of death unknown or unstated)
  • Category 3 – Unlawful killing
  • Murder
  • Manslaughter
  • Infanticide
  • Category 4
  • Stillbirth

In 2024, the most recent year for which coronial data is available for England and Wales, 25% of inquest conclusions were recorded as death by accident or misadventure, 12% as natural causes, 13% as suicide, 3% as an open verdict and the remaining 47% comprised other outcomes such as unclassified, alcohol/drug related, industrial disease and road traffic collision conclusions. The civil standard of proof, on the balance of probabilities, is used for all conclusions.

The MCCD was redesigned to include new fields such as a distinct line (1d) for cause of death, the deceased’s ethnicity, pregnancy status, and the presence of implantable medical devices, aligning with international standards and improving mortality data quality.

Under the reforms, death registration cannot proceed until an ME (or coroner) confirms the cause, and registrars no longer refer deaths to coroners; this responsibility rests with clinicians and MEs.

See also

  • Committal procedure
  • Fatal accident inquiry, Scotland
  • Immunity from prosecution
  • Preliminary hearing
  • Prevention of future deaths report

References

  • <br />This act extends to England and Wales only.

Bibliography

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  • &mdash; (2003b) &nbsp;, Cm 5854
  • &mdash; (2004) &nbsp;, Cm 6159,