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. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. Assistant Coroner - Karen HARROLD 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. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. The BBC is not responsible for the content of external sites. Further information can be found in the legal guidance, Guidance on charging offences arising from Driving Incidents (see section on Inquests). The Coroner's duty to hold an inquest is contained in section 6 of the Coroners and Justice Act 2009. 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. Civil proceedings may also be instituted by the bereaved family in these circumstances; it is essential prosecutors inform their line management chain in order to facilitate the best response from the CPS. Box 7000, Leesburg, VA 20177 Phone: 703-777-0100 Government Center Location: 1 Harrison St. Coroners are independent judicial officers, appointed by the local authority, and are either doctors or lawyers responsible for investigating the cause of deaths. Prosecutors should make an application to the coroner under Paragraph 1(4) Schedule 5 of the Coroners and Justice Act 2009. WebInquest papers may still be held by the coroner, or deposited with the local record office. However, the inquest may be stopped (adjourned) when any evidence is heard which gives the Coroner cause to believe the death may have been caused by a homicide offence. (Examples include the Attorney's decision to request a new inquest for the victims that were killed at the Hillsborough Football Stadium in 1989; and, the decision not to apply for a new inquest into the 2003 death of Dr David Kelly, a government scientist.). 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. The BBC is not responsible for the content of external sites. '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. These cases will automatically be referred to the Coroner for an inquest and will be held with a jury present. It is a common law offence to obstruct a Coroner, whether by disposing of a body before a Coroner can openly inquire into the circumstances of a death or acting to prevent an inquest. Will the Coroner provide the police / CPS with a copy of the second post mortem report? Legal Professional Privilege (LPP) extends to confidential communications between a lawyer and client in the usual way and applies to oral and documentary evidence equally in the Coroner's Court. The Protocol has been designed to ensure effective liaison takes place between its signatories to avoid the problem of double jeopardy arising. It is common for such inquests to be heard where the death occurred in a medical context, or where the deceased was in police or other custody immediately prior to his/her death (including where a suicide has taken place). This legal guidance provides prosecutors with information about Coroners and their responsibilities. 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. Prosecutors may be invited by the Coroner to attend an inquest and can be summonsed if their absence has not been agreed by the Coroner. However, before the application can be made, the Attorney has to be satisfied there is sufficient admissible evidence to persuade the Court of either of the two tests set out in section 13 the Order. Upon referral, the Coroner will contact the relevant prosecutor to arrange for receipt of the relevant material. Coroner-led inquests in 2009 found drugs administered at the hospital contributed to five deaths. Except in exceptional circumstances, inquests are always held in open court, meaning any member of the public or press can attend. becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it. Following an inquest the Coroner can make recommendations to prevent future deaths from occurring, previously known as a 'Rule 43 Report' but now known as a 'Preventing Future Deaths Report' or 'PFD Report' (as set out in paragraphs 28 and 29 of the Coroners (Investigations) Regulations 2013. 01264 364433. The coroner should exercise careful judgment in respect of any request for a second post-mortem examination and should expect proper reasons to be given, pointing as appropriate to the likely issues in the prospective criminal proceedings. Prosecutors should inform their Area / Casework Division Coroner SPOC of requests from coroners to assist with overseas enquiries. 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. The Coroner has a duty to investigate deaths: which are unnatural or violent. Coroners employ officers to assist them with their investigations. 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). An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. 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. The best remaining source is from local newspaper reports though not every inquest and verdict was reported. Coroners may hold pre-inquest reviews (or hearings) in more complex cases, with the aim of assisting their inquest preparation. Coroners or a jury may also deliver a 'narrative' conclusion which sets out the facts surrounding the death in more detail. This is because an unlawful killing verdict can now be reached on the balance of probabilities. GOV.UK is the place to find 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. An independent police probe into the Hampshire hospital began after an inquiry found that hundreds of patients had their lives shortened. What should/can be disclosed to the Coroner? Prior to disclosure the coroner is advised to consult with the police and / or CPS. 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. Amesbury Solicitors. It is regularly updated to reflect changes in law and practice. The BBC is not responsible for the content of external sites. 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). Assistant Coroner - Hannah GODFREY The Coroners and Justice Act 2009 Commencement No. 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. Try to find out: the date 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. 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.". Given the CPS' role with these panels, it is likely that most information we provide to the Board or Panel will be disclosed; however, prosecutors should redact information if they consider it inappropriate to be disclosed. Summonses are issued under the Coroner's common law powers and are governed by the directions set out in the Civil Procedure Rules. WebThe Coroner is an independent judicial officer, appointed by the local authority. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. [xv] A narrative conclusion may also (but does not have to) include factual findings on matters which are possible but 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. "Because he had concealed the fact of his third son, Gavin Briggs believed his life would crumble around him. The Attorney has no power to order a new coronial inquest; they can only be ordered by the High Court on an application made either by the Attorney General or by a third party with the consent of the Attorney General. Inquests are legal inquiries into the cause and circumstances of a death, and are limited, fact-finding inquiries; a Coroner will consider both oral and written evidence during the course of an inquest. 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. paragraph 1(2)(a) of Schedule 1 - Coroners and Justice Act 2009: The Coroner must suspend an investigation or inquest following a prosecuting authority's request on the grounds that a person may be charged with a homicide offence involving the death of the deceased (as outlined under paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009). The Coroner may also be involved in assisting in the prevention of future deaths by reporting the findings and/ or making recommendations to the relevant authority/ organisation involved in the circumstances of the deceased's death. how, when and where the deceased came by his or her death; and. The coroner may refuse to provide the report where the document relates to contemplated or commenced criminal proceedings (under Rule 15(d)). Cases where the deceased has been under the care or responsibility of social services or healthcare professionals are also often included in this category of inquest. The police will determine whether a further investigation is required, and whether a 'fresh' charging decision is needed by the CPS. If you continue to use this site we will assume that you are happy with it. An inquest will be held regarding sudden, unexplained or suspicious deaths. Rule 25 (4) of The Coroners (Inquests) Rules 2013 requires a coroner to adjourn an inquest and notify the Director of Public Prosecutions, 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. The Coroner is an independent judicial officer, appointed by the local authority. In these circumstances, the Coroner will adjourn the inquest until the consideration of the charges (if there are to be any) is concluded. This guidance assists our prosecutors when they are making decisions about cases. Read about our approach to external linking. 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. Salisbury Solicitors. 102 Petty France, When a coroner resumes an inquest following criminal proceedings, the coroner must ensure the outcome of the verdict is not inconsistent with the relevant criminal proceedings or other reason(s) that the Coroner's investigation had been originally suspended (paragraph 8 of Schedule 1 of the Coroners and Justice Act 2009). 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. Dulcie Middleton, 86, who died in September 2001, three months after she was admitted for rehabilitation following a stroke. Prosecutors should note that in Jamieson, the Court of Appeal concluded that in cases where an individual has taken their own life, a conclusion of suicide will usually be recorded as opposed to lack of care or neglect that attributed to the individual committing suicide. "My clients believe that the only way to achieve a thorough investigation of what happened is to conduct a judge-led Article 2 inquest [under the European Convention of Human Rights] which gives much greater powers to look at the individuals and institutions involved.". She also said she was under unreasonable and increasing pressure, and patients were too unwell for rehabilitation. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. 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'. The Chair will usually consult with the agencies involved, and may request to agencies to suggest redactions to any document proposed for release. The coroner has a power in an Article 2 inquest (but not a duty) to leave to the jury, for the purposes of a narrative conclusion, circumstances which are possible (i.e. A Coroner's Officer will make contact with the GP in the first instance to make these enquiries. The CPS regularly receives requests to respond to Preventing Future Deaths Reports; prosecutors are asked to notify their CCP/DCCP if a Report is received. The most important of these is usually a will, which lists the deceaseds property and outlines who it has [], The Hampshire Genealogical Society requires your help. Will the Coroner arrange a second post mortem? 18,251. The coroner will suspend his or her investigation (and adjourn any inquest held as part of that investigation) upon the police notification, pending completion of the police investigation (and, where appropriate, prosecution). An inquest will be held if the cause of death remains unknown after the initial examination, or there is reason to suspect the death was violent or unnatural, or the deceased died in prison. Hampshire Inquest Solicitors Representing Families in Hampshire Coroners Courts. App. Prosecutors should refer to legal guidance on Abuse of Process and to the Work Related Deaths Protocol: Practical Guide for further information. If the death is not due to natural causes, an inquest will be necessary. For example, a typical scenario may arise where a CPS decision not to charge a suspect or where a bail application was not contested led to a suspect subsequently killing the deceased. Article 2(2) of the European Convention of Human Rights (ECHR) - the right to life - states that: 'Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: Article 2(2) is not confined to intentional killing but includes deliberate use of force which has the unintended consequence of causing loss of life. Send your story ideas to south.newsonline@bbc.co.uk. Directions Advertisement. This process was put in place following the case of R v Beedie (1997) 2 Cr. The exhibition is drawn from her collection of diaries written during the years of the Second World War. Assistant Coroner - Sunyana SHARMA The prosecutor should consider whether any new evidence or information within the Coroner's proceedings has the capability to change any previous CPS decision not to bring criminal charges (that is, any evidence or information which had not been previously available during the CPS' initial consideration). Where the report of the first post-mortem examination is not available before a decision has to be made on a request for a second examination, the coroner should do everything within their power to ensure that a preliminary report or summary conclusions from the first examination are made available at a very early stage. A Coroner may contact the CPS to attend a pre-inquest review/hearing. Since the enactment of the Criminal Law Act 1977, Coroners are no longer able to consider criminal liability as part of their investigations. GOV.UK guide to Coroner services and investigations. Russian minister laughed at for Ukraine war claims. 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'. Coroners can impose reporting restrictions to ensure risks to prejudicing the administration of justice are avoided; these include specific powers to prohibit the publication of personal details of any children or young people who appear as a witness. Timeline: Concerns were first raised about the treatment of patients in 1998. However, where a decision is taken not to proceed with a prosecution following a verdict of an unlawful killing prosecutors should continue to provide a clear explanation for that decision. Probate records are official court documents concerning the settlement of a persons estate after they die. If a post mortem is necessary, it is usually performed 3 to 4 working days after removal. An inquest may be stopped (adjourned) when the Coroner hears any evidence which gives him/her cause to believe the death may have been caused by an unlawful killing (through the commission of a criminal act). He said Gavin Briggs was also "really concerned" about losing his job at the end of a probationary period. 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. The Crown Prosecution Service It is likely that the Coroner will use the Report issued by the Safeguarding Board or Panel to make recommendations to specific agencies where the death of the individual could have been prevented (under the Preventing Future Deaths Reports). more than speculative) but not probable causes of death. Read about our approach to external linking. VideoRussian minister laughed at for Ukraine war claims, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Mr Briggs' fiancee, Lynsey Holden, also disputed the coroner's ruling, insisting
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