Page 127 - When Things Go Wrong
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Within 12 months, unless good Representation - if State agency or agencies
reason (see s.16 CJA 2009; Rule represented, State must provide funding for
8, Coroners (Inquests) Rules representation for family/families (one team
2013) only unless obvious conflicting interests)
IPs may ask questions of witnesses
(discretion of judge/SC to limit those who
may ask questions)
Evidence - Open; and closed (where
necessary, exceptionally)
19 Inquest findings and conclusion Findings and conclusion - answers to 4
statutory questions (who, how, when and
where the deceased came by their death(s));
medical cause of death; conclusion as to the
death: see ss.5 and 10, CJA 2009; Rule 34,
Form 2, 2013 Rules
Findings of fact - neutral but capable of
being judgmental (as in Article 2 ECHR
inquests); capable of being admitted as
evidence in civil proceedings
Findings may not decide civil liability or
criminal liability on part of named person
20 Inquest recommendations Recommendations to prevent future deaths.
These may be wider than under present law
in Sch.5, CJA 2009; evidence may be heard
and specific recommendations made
PARTICIPATION
21 Family participation will be Including provision and explanation of the
guaranteed Protocol
• by early and continuing
detailed communication from
(a) the SC initially, and
subsequently (b) the
Secretariat on behalf of the
appointed judge/SC, shortly
after judge/SC is appointed
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