Page 126 - When Things Go Wrong
P. 126

4.  Identity of interested persons (see
                                                   s.47(2), CJA 2009)
                                               5.  Representation
                                               6.  Whether Article 2 ECHR arguably
                                                   engaged
                                               7.  Whether jury required (s.7 CJA 2009) or
                                                   assessors (see 18 below)
                                               8.  Whether closed evidence likely
                                               9.  Preliminary issues of scope (inc.
                                                   potential systemic issues)
                                               10. Other preliminary matters

         14    First preliminary hearing       To follow Agenda (above)
               In public
               Preferably in local coroner’s court

         15    Further preliminary hearings    Agenda(s) to include -
               In public                       1.  Matters left over from first hearing
                                               2.  Progress of investigations
                                               3.  Further investigation
                                               4.  Scope
                                               5.  List of witnesses
                                               6.  Disclosure
                                               7.  Jury bundle (if jury)
                                               8.  Date, venue for final hearing

         16    Continuing investigation and
               disclosure

         17    CC to have oversight and        E.g. to monitor timetable; to ensure family
               advisory role (but not decision-  participation; to advise/inform judge/SC
               making)                         (not decide) on joining of related inquests

         18    Final inquest hearing           Jury mandatory provisions apply;
               In public                       discretionary provisions to apply where
               Conducted by judge/SC either    possible (see s.7(2) and (3))
               alone or with jury or with 2 lay   Jury/lay assessors: not to be used where
               assessors (judge/SC to decide   closed evidence may be called and relied on
               which)                          No jury if evidence too complex (apply civil
                                               test)

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