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Coroners inquest
This follows the return of the bodies of the 14 personnel killed in the Nimrod accident in Afghanistan. Was watching the local news tonight which stated that the bodies were flown directly to RAF Kinloss at the request of the relatives, as 12 of the 14 families were based there. No problem with that, but they then stated that all the bodies had then to be flown to RAF Brize Norton so that Coroners inquests could start. This means, apparently, that the funerals can't take place for at least a fortnight, thus increasing the grief of the families. We don't have Coroners inquests in Scotland, (we have Fatal Accident Enquiries - but certainly not as a matter of course), so what is their purpose and why do they need the physical presence of the bodies? Sure some of you legal eagles can explain. Thanks in advance.
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The bodies have to be present to trigger the commencement of an inquest.
Section 8 of the Coroners Act 1988 provides that `Where a Coroner is informed that the body of a person (the deceased) is lying within his district and there is reasonable cause to suspect that the deceased (a) has died a violent death or (b) an unnatural death � then, whether the cause of death arose within his district or not, the Coroner shall as soon as is practicable hold an inquest into the death of the deceased.�
Home Office Circular 79/1983 (which pre-dated the 1988 Act but made reference to similar provisions under the Coroners Act 1887) made it clear that an inquest must be carried out even when the death occurred abroad.
In 1994 the High Court defined the function of an inquest as follows:
"An inquest is a fact finding inquiry, conducted by a Coroner with or without a Jury, to establish reliable answers to four important but limited factual questions. The first of these relates to the identity of the deceased, the second to the place of his death, the third to the time of death. In most cases these questions are not hard to answer but in a minority of cases the answer may be problematical. The fourth question and that to which evidence and inquiry are most often and most closely directed, related to how the deceased came by his death. (The rules of procedure) require(s) that the proceedings and evidence shall be directed solely to ascertaining these matters and forbids any expression of opinion on any other matter".
Source:
http://www.acpo.police.uk/asp/policies/Data/de aths_abroad_uk_citizens.doc
Chris
Section 8 of the Coroners Act 1988 provides that `Where a Coroner is informed that the body of a person (the deceased) is lying within his district and there is reasonable cause to suspect that the deceased (a) has died a violent death or (b) an unnatural death � then, whether the cause of death arose within his district or not, the Coroner shall as soon as is practicable hold an inquest into the death of the deceased.�
Home Office Circular 79/1983 (which pre-dated the 1988 Act but made reference to similar provisions under the Coroners Act 1887) made it clear that an inquest must be carried out even when the death occurred abroad.
In 1994 the High Court defined the function of an inquest as follows:
"An inquest is a fact finding inquiry, conducted by a Coroner with or without a Jury, to establish reliable answers to four important but limited factual questions. The first of these relates to the identity of the deceased, the second to the place of his death, the third to the time of death. In most cases these questions are not hard to answer but in a minority of cases the answer may be problematical. The fourth question and that to which evidence and inquiry are most often and most closely directed, related to how the deceased came by his death. (The rules of procedure) require(s) that the proceedings and evidence shall be directed solely to ascertaining these matters and forbids any expression of opinion on any other matter".
Source:
http://www.acpo.police.uk/asp/policies/Data/de aths_abroad_uk_citizens.doc
Chris
Thanks Ward � but �law of the land� is actually different now we have our own parliament. Having spent 26 years in the police, the ONLY time we didn�t need a doctor to �pronounce life extinct� was a beheading ! And as I say � we have NO coroners court in Scotland � so can�t be the most powerful court in Britain � but don�t want to upset you � just differing opinion cos I enjoy reading your answers. And death certificates here don�t require two signatures.
Buenchico � Coroners Act 1988 applies to England and Wales (as is sourced by your link � acpo and not acpos) but both of you feel free to shoot me down in flames cos I�ve had a dram !!!! lol
Buenchico � Coroners Act 1988 applies to England and Wales (as is sourced by your link � acpo and not acpos) but both of you feel free to shoot me down in flames cos I�ve had a dram !!!! lol
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