Page 114 - When Things Go Wrong

14. The establishment and conduct of the SPI should be guided by a clear and
publicly accessible Protocol. The Protocol would include standard terms of
reference, to be adapted according to the circumstances of the case (para 2.61).

15. There should be a presumption that criminal proceedings, if commenced or
expected, will precede the special procedure inquest. The Working Party
recommends that this presumption should also apply in the establishment of
public inquiries (para 2.79).

16. The judge or Senior Coroner conducting the special procedure inquest should
retain discretion as to whether the investigation should be opened
notwithstanding any ongoing prosecution, where delay is likely to be
inordinate and/or where the fair trial rights of potential suspects are unlikely to
be prejudiced by concurrent investigations (para 2.80).

Opening Investigations

17. Bereaved people and survivors in investigations into contentious deaths should
be afforded the relevant entitlements outlined under the Code of Practice for
Victims of Crime (the “Victims Code”) (para 3.5).

Coordination of investigations and evidence gathering

18. Coroners should hold prompt and regular pre-inquest hearings with
investigating agencies to require them to liaise closely and account for the
progress of their work and coordination (para 3.10).

19. Where possible, investigating agencies should continually update one another
as information emerges about the circumstances of a fatal incident (para 3.20).

20. Where an inquest, inquiry or other form of investigation follows a concluded
criminal trial, investigators should consider whether the witness statement
(including the victim impact statement) of a bereaved person used at trial might
be sufficient to serve as that person’s evidence for the purposes of the
investigation (para 3.22).

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