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An Agreement between The Crown Prosecution Service, The National Police Chiefs' Council, The Chief Coroner and The Coroners' Society of England and Wales, guidance about post-mortem examinations including second post-mortem examinations, Maughan, R (on the application of)v Her Majesty's Senior Coroner for Oxfordshire, Contempt of Court and Reporting Restrictions. This is because an unlawful killing verdict can now be reached on the balance of probabilities. All new appointments of Coroners (of whichever rank) will be of lawyers only. Send your story ideas to south.newsonline@bbc.co.uk. The Hampshire coroner has said inquests can be held into the deaths of Dulcie Middleton, Horace Reuben David Smith, Eva Isabel Page and Clifford Houghton after their families lawyer argued that they had been left without justice or closure following repeated ineffective investigations into hundreds of deaths at the hospital in Gosport, There is no power available for the Coroner to frame their determination in such a way as to appear to determine criminal liability on the part of a named individual or organisation or civil liability (as defined by section 10(2) of the Coroners and Justice Act 2009). This is because in some countries the investigation and evidence gathering process is a judicial not a law enforcement function. WebInquests are held at HM Coroner's Court in Woking. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. [xv] A narrative conclusion may also (but does not have to) include factual findings on matters which are possible but Where criminal charges are being considered for a homicide offence (as defined at Para. Section 11 of the Contempt of Court Act 1981 provides that in any case where a court allows a name or other matter to be withheld from the public in proceedings before the court, the court may give directions prohibiting the publication of that name in connection with the proceedings. Four new inquests will be held into the deaths of patients who died at a hospital that is being investigated over the care of hundreds of patients. Website. She added: "The families have been fighting for years for answers and we are hopeful that the coronial process will provide them with these answers. Area Coroner - Rosamund RHODES-KEMP, Assistant Coroner - Simon BURGE InMaughan, R (on the application of)v Her Majesty's Senior Coroner for Oxfordshire [2020] UKSC 46 (13 November 2020) the Supreme Court clarified that the standard of proof for suicide and unlawful killing in an inquest is the civil standard of the balance of probabilities and not the criminal standard of beyond reasonable doubt. A post mortem examination may be carried out by a pathologist if the Coroner decides that this is necessary. Play Tribute Movie The BBC is not responsible for the content of external sites. Read about our approach to external linking. WebInmate Records. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. Portsmouth The Coroner can hold an inquest even if the death happened abroad. WebEdward Joseph Hampshire March 5, 1922 January 4, 2018. This inquest includes the surname Coffin and Sait, do they appear in your Hampshire family history tree? Coroners will also hold inquests where the death may have occurred abroad and the body is repatriated, and will usually take place in the jurisdiction where the deceased lived before their travel. Additionally, it is possible that a Coroner may read out communications from the CPS or others during the process of an inquest hearing. Public interest immunity regarding the operation the police were conducting at the time of the fatal accident 5 day Art 2 inquest involving a prisoner suicide with alleged early closure of ACCT, safeguarding and mental health issues Find Term used in a coroners verdict to explain an unexplained death Hampshire inquests The Hampshire coroners records were all destroyed which There is no definitive list of conclusions available to a Coroner. information online. Coroners can themselves (without external influence) adjourn inquests pending a public inquiry (as set out in paragraph 3 of Schedule 1 of the Coroners and Justice Act 2009) or under Rule 25(4) of the Coroners (Inquest) Rules 2013. The deceased had hanged himself in prison, and whilst he had been identified as at risk the proper safeguards were never put in place. a suspicious death (murder, manslaughter, corporate manslaughter (as inserted by the Corporate Manslaughter and Corporate Homicide Act 2007) or infanticide); a road traffic fatality where the offence committed caused the death of the deceased (as defined by sections 1, 2B, 3ZB and 3A of the Road Traffic Act 1988); or, under section 2(1) of the Suicide Act 1961 (as amended by section 59 of the Coroners and Justice Act 2009) which defines the criminal liability for complicity for another's suicide (encouraging or assisting the suicide or attempted suicide of another person); or. Assistant Coroner - Robert SIMPSON There is no statutory requirement for the CPS to act, but prosecutors should consider assisting the Coroner to progress the case (where appropriate). Coroners will not normally use neglect or self-neglect to form any part of their conclusion, unless a clear and direct causal link is established between the conduct described, and the cause of death. Term usedin a coroners verdictto explain an unexplained death Hampshire inquests The Hampshire coroners records were all destroyed which means that no official records exist. The police will determine whether a further investigation is required, and whether a 'fresh' charging decision is needed by the CPS. Intervention is not expected in every case, but prosecutors may be contacted by the Chief Coroner, or the Coroner handling the case, for a progress report where the cause of delay appears to lie with the CPS. The Coroners and Justice Act 2009 Commencement No. Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place. The coroner in granting or refusing a request should give reasons for the decision. The Coroner may also have to prove the body has been destroyed or lies in a place from where it cannot be recovered as well as meeting the criteria required for an inquest. Hampshire Record Office Her diary entries were never meant to record the war [], Hampshire Genealogical Society Subscriber Access Type. The involvement of the State was raised in this case when the inquest jury communicated to the coroner that an agent of the State (in this case, the Prison Service) had failed in its duty of care to the deceased. There is no statutory authority or set procedure for the hearings; they are held in the same manner as an inquest in an open court, (and therefore in most instances open to the public), and will provide interested persons the opportunity to be present and to hear the relevant issues. Several hours later she sent him a text that read: "I've just found out the last three years of my life has been based on lies.". in defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; in action lawfully taken for the purpose of quelling a riot or insurrection.'. The majority of deaths are not reported to the Coroner and, in most cases the deceased's doctor will issue a medical certificate with the cause of death without reference to a coroner, especially if they have been treated for an illness which caused the death. The Coroner will request a post mortem to be carried out by a pathologist to determine the cause of death. Either there is an identified suspect or there is a request from the police to hold a second post-mortem examination where there may be a suspect identified but not yet charged. The Coroner is an independent judicial officer, appointed by the local authority. Prosecutors should refer to the legal guidance on Disclosure of Material to Third Parties for further information. An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. However, where an inquest takes place and a criminal act has not been suspected as leading to the cause of death, the Coroner may restrict any evidence being heard at the inquest if he/she thinks it might prejudice any future criminal proceedings. She also said she was under unreasonable and increasing pressure, and patients were too unwell for rehabilitation. Church rapist found guilty of 10 offences at Portsmouth Crown Court after publicrapes of two women, Volkswagen service excellence celebrated at Winchester Motor Company, Nine criminals sentenced in Southampton in February, Three men bailed and two charged in connection with Thornhill murder, Loud bangheard atFawley Refinery near Southampton on Friday night, Isle of Wight hovercrafts provide Brittany Ferries Portsmouth escort, Street fighting in Bakhmut but Russia not in control, Saving Private Ryan actor Tom Sizemore dies at 61, Russian minister laughed at for Ukraine war claims. The Coroner has a duty to investigate deaths: which are unnatural or violent. WebThe Coroner is an independent judicial officer, appointed by the local authority. At the hearing, it was agreed by the Judge and the CPS that the Coroner was not a compellable witness following the rule in Warren v Warren [1997 QB 488-498], and the witness summons was discharged. government's services and As legal guidance on Disclosure of Material to Third Parties cites, the MG3 should not be routinely disclosed; however, information may be extracted to provide the Coroner with further details where required. In most cases, reporting restrictions will be lifted following the finalisation of criminal proceedings, but it is for the police to ensure the Coroner is apprised of restrictions where required for a longer period. Any decision to investigate by the police, should be communicated to the coroner and CPS. Coroners or a jury may also deliver a 'narrative' conclusion which sets out the facts surrounding the death in more detail. Where the coroner insists that a prosecutor needs to comply with the summons request, a prosecutor should consider applying to have the summons set aside formally. Assistant Coroner - Darren STEWART The Protocol has been designed to ensure effective liaison takes place between its signatories to avoid the problem of double jeopardy arising. The BBC is not responsible for the content of external sites. The BBC is not responsible for the content of external sites. The coroner will only resume the investigation (and any inquest where one was adjourned) after the outcome of the criminal proceedings is communicated by the appropriate officer of the court or where the coroner is informed that there is to be no prosecution. WebAn inquest is usually opened primarily to record that a death has occurred and to identify the dead person. Prosecutors should note a Coroner can continue with an inquest if notified by the CPS that adjournment is unnecessary. As mentioned above, criminal proceedings will usually be heard and finalised before an inquest is fully heard. Dr Jane Barton, who oversaw the practice of prescribing painkillers on the wards at the hospital, was disciplined by the General Medical Council in 2010 for serious professional misconduct, but she was not struck off and retired soon afterwards. Coroners often query why charges have not been brought when in their view it is in the public interest to charge a suspect(s). Summonses are issued under the Coroner's common law powers and are governed by the directions set out in the Civil Procedure Rules. The coroner has to provide evidence to the Secretary of State that a death has actually occurred; it is not sufficient for there to be a 'suspicion' of death, upon the disappearance of an individual (for example, a leg washed ashore would not be sufficient to amount to a suspicion of death; however if a rib case or skull were to be found in the same circumstances, there is a stronger case of certainty of death). Salisbury Solicitors. Send your story ideas to south.newsonline@bbc.co.uk. Where a body has been washed ashore, the death will be investigated by the Coroner for that district; where multiple bodies have been washed ashore in different locations, the Coroners for those districts will agree between themselves that a 'grouped inquest' might be the best course of action. Recording a conclusion of suicide, the coroner said there was nothing to suggest that job fears or the CMS caused or contributed to the death. Timeline: Concerns were first raised about the treatment of patients in 1998. Why Alex Murdaugh was spared the death penalty, Why Trudeau is facing calls for a public inquiry, The shocking legacy of the Dutch 'Hunger Winter'. This legal guidance provides prosecutors with information about Coroners and their responsibilities. This approach reduces the number of cases which may eventually lead to a verdict of unlawful killing in a coroners court although some notable exceptions include: Prosecutors may be present during inquest hearings where unlawful killing conclusions have been found, or may be contacted by bereaved family members, the police or the Coroner. It is for the Coroner to liaise with the bereaved regarding the release of the body, and with the police and CPS where needed if criminal proceedings are being considered. It may be beneficial for the reviewing lawyer to attend the inquest, in case the Coroner hears any evidence which questions the original charging decision. The Coroner will often sit alone to hear an inquest, but there are certain circumstances (as defined by section 7 of the Coroners and Justice Act 2009) which place a requirement upon the Coroner to summon a jury to hear an inquest case: The Attorney General, under the Coroners and Justice Act 2009 (Consequential Provisions) Order 2013, has a public interest function independent of the Government, to decide whether to apply to the High Court for an inquest. The Coroner has a duty to investigate deaths: Following the report of a sudden or unexpected death, the Coroner must establish the cause of death. Rule 25(4) Coroners (Inquest) Rules 2013 - Under Rule 25(4) a Coroner must adjourn an inquest and notify the DPP if during the course of the inquest, it appears to the Coroner that the death of the deceased is likely to have been due to a homicide offence and that a person may be charged in relation to the offence. Solicitor Emma Jones, who represents some of the families, said she had also requested inquests for Arthur Cunningham and Gladys Richards, who both died in 1998. An inquest will be held regarding sudden, unexplained or suspicious deaths. In more complex cases, the Coroner may also hold a pre-inquest hearing(s), where the scope of the inquest will be considered, including possible timeframes and directions to be set. Prosecutors should note there are two types of inquest they may be called to appears as a witness, each with different responsibilities for the CPS. All witnesses who are competent can be compelled to attend a Coroner's Court; a person cannot refuse to be a witness because they fear their evidence may lead to them being charged with an offence connected with the death of the deceased. A prosecutor may receive an attendance request or summons to appear in front of an Article 2 inquest; compliance is essential where the CPS has been involved in the events that led to the death of the deceased. Prosecutors should inform their Area / Casework Division Coroner SPOC of requests from coroners to assist with overseas enquiries. Article 2 inquests are enhanced inquests held in cases where the State or 'its agents' have 'failed to protect the deceased against a human threat or other risk' or where there has been a death in custody. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. Coroners cannot refer a case for the CPS to reconsider charges based on public interest alone; further evidence is required for a Rule 25(4) referral to be made to the CPS. Video, Russian minister laughed at for Ukraine war claims, AOC under investigation for Met Gala dress, Mother who killed her five children euthanised, Alex Murdaugh's legal troubles are far from over, The children left behind in Cuba's exodus, US sues Exxon over nooses found at Louisiana plant, Biden had skin cancer lesion removed - White House. Follow BBC South on Facebook, Twitter, or Instagram. natural causes (including fatal medical conditions); dependence on drugs/non-dependent abuse of drugs; lawful killing (such as deaths caused during acts of war, or self-defence); open verdict (where there is insufficient evidence for any other verdict). SO23 8TH, Affiliated to the Family History Federation. Hampshire coroner Christopher Wilkinson formally opened inquests into the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton which date back to the late 1990s following requests from their families. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. It is worth noting that the Coroner is under no obligation to hold an inquest solely in the public interest; an inquest will be held by a Coroner if the circumstances of the death fall under those offences listed in paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. Prosecutors should note there is one circumstance where the coroner will have automatic jurisdiction (power to exercise their function): where a death caused by natural causes occurs in a prison or other place of 'custody'. The Chief Coroners guidance identifies that often in road traffic collision deaths, the cause of death is not the issue, rather it is the causal link between the death and the manner and the standard of driving which is the important factor. Although there will be no direct involvement of the CPS in the death, there may be a need for the CPS to appear as a witness/party in an Article 2 inquest, as a result of the peripheral involvement. Will the Coroner provide the police / CPS with a copy of the second post mortem report? The prosecutor's likely involvement will be peripheral or may not be relevant at all to the inquest hearing. Ms Jones said she would like to see a Hillsborough-style inquest that would examine all of the deaths together and be held before a judge and jury, rather than a coroner. Coroners are permitted to hold sections of inquests privately (Rule 11 Coroners (Inquest) Rules 2013), although this will only apply to a specific part of the hearing (usually evidence that may prejudice or compromise national security if disclosed into the public domain). Inquests into the deaths of 10 patients, six of whom are pictured, were held in 2009, The families of Cliff Houghton, Dulcie Middleton, Arthur Cunningham and Eva Page were among those to call for new inquests, Dr Jane Barton was found guilty of serious professional misconduct in 2010 but no prosecutions were brought. Read about our approach to external linking. Hospital deaths 'need Hillsborough-style inquests', Police 'should be accountable' for hospital deaths, Drug deaths hospital doctor 'did her best', New force to take on hospital deaths probe, 'I think Gosport will always be remembered for this', Jane Barton, the doctor who shortened lives, Church rapist found guilty of 10 offences at Portsmouth Crown Court after publicrapes of two women, Volkswagen service excellence celebrated at Winchester Motor Company, Nine criminals sentenced in Southampton in February, Three men bailed and two charged in connection with Thornhill murder, Loud bangheard atFawley Refinery near Southampton on Friday night, Isle of Wight hovercrafts provide Brittany Ferries Portsmouth escort, Street fighting in Bakhmut but Russia not in control, Saving Private Ryan actor Tom Sizemore dies at 61, Russian minister laughed at for Ukraine war claims. 62,871. Registered Charity No 284744, Hampshire Genealogical Society, 2023 | Site by Wizbit. Inquests will, in most cases, remain adjourned whilst criminal proceedings are being considered. Ian Briggs (left) walked out of the inquest into the death of his son Gavin, Gavin Briggs drove from Hertfordshire to Hampshire to take his own life. Sussex Street Winchester The Coroner is also not bound by the list of suggested conclusions above; this means that as long as the Coroner can form a conclusion which is concise and indicates how the deceased came by their death, a narrative verdict is acceptable. 'Jamieson' and 'Middleton' inquests as they are sometimes known, consider neglect on the part on of an individual, and system neglect, under Article 2, respectively.