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. The Office of the Chief Coroner was created by the Coroners and Justice Act 2009, with the first Chief Coroner being appointed in September 2012. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. Prosecutors should note there are two types of inquest they may be called to appears as a witness, each with different responsibilities for the CPS. This inquest includes the surname Coffin and Sait, do they appear in your Hampshire family history tree? The most typical scenarios include where there has been a CPS decision not to charge a suspect or where the prosecutor has not contested a bail application, and the suspect has subsequently killed the deceased. An inquest will open to record a death, ensure the deceased is identified and for a body to be released for burial or cremation. 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. His father, Ian Briggs, walked out of the hearing after the coroner refused to investigate his claim that Gavin died due to pressure from the Child Maintenance Service (CMS). Gavin Briggs, 40, of Welwyn Garden City, Hertfordshire, was found dead in Little Somborne, Hampshire, in July. What's the least amount of exercise we can get away with? Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place. As legal guidance on Disclosure of Material to Third Parties cites, the MG3 should not be routinely disclosed; however, information may be extracted to provide the Coroner with further details where required. Ian Briggs (left) walked out of the inquest into the death of his son Gavin, Gavin Briggs drove from Hertfordshire to Hampshire to take his own life. Recording a conclusion of suicide, the coroner said there was nothing to suggest that job fears or the CMS caused or contributed to the death. Assistant Coroner - Robert SIMPSON A former rower for Team GB and army captain was killed in a fall from her spooked horse, an inquest has heard. The Chief Coroner has issued guidance about post-mortem examinations including second post-mortem examinations. 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. Hampshire Read about our approach to external linking. Coroners are aware the CPS cannot initiate criminal investigations, and will provide the same material to the police. What's the least amount of exercise we can get away with? Despite the involvement being of a peripheral nature, prosecutors need to comply with the Coroner's request as directed. 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. A prosecutor may receive an attendance request or summons to appear in front of an Article 2 inquest; compliance is essential where the CPS has been involved in the events that led to the death of the deceased. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. In addition, the Coroner will also investigate where the deceased has not been seen by the doctor issuing the medical certificate, or during the 14 days before the death. The police will, when referring a case to the CPS for early advice or where a charging decision is being requested, provide the details of the coroner to enable the prosecutor to establish early contact. '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. The BBC is not responsible for the content of external sites. Website. Where a death has occurred aboard an aircraft, the Coroner residing within the district where the aircraft lands will hold the inquest, regardless of where the aircraft was located when the death occurred. The Chief Coroners guidance identifies that often in road traffic collision deaths, the cause of death is not the issue, rather it is the causal link between the death and the manner and the standard of driving which is the important factor. Prosecutors should note a Coroner can continue with an inquest if notified by the CPS that adjournment is unnecessary. The father of a man who took his own life has walked out of the inquest into his sons death after the coroner refused to examine the role of the Child Maintenance Service (CMS). Assistant Coroner - Rachel SPEARING Message from HM Acting Senior Coroner for the City of Brighton & Hove Although the Government has eased most coronavirus restrictions, a number of measures will still be in place at Woodvale Coroners Court to ensure the Coroners can themselves (without external influence) adjourn inquests pending a public inquiry (as set out in paragraph 3 of Schedule 1 of the Coroners and Justice Act 2009) or under Rule 25(4) of the Coroners (Inquest) Rules 2013. 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. One of the Coroner's Officers will contact you to explain the procedure and advise a likely timescale in this particular case. Coroners cannot refer a case for the CPS to reconsider charges based on public interest alone; further evidence is required for a Rule 25(4) referral to be made to the CPS. Both SCRs and DHRs should take place following criminal proceedings, but it is possible that a SCR or DHR may have taken place, or be in progress before a Coroner's inquest takes place. For road traffic fatalities, this is permitted as section 20(5) of the Road Safety Act 2006 does not apply where the cause of the deceased's death cannot be proved. WebInquests are held at HM Coroner's Court in Woking. However, where an inquest takes place and a criminal act has not been suspected as leading to the cause of death, the Coroner may restrict any evidence being heard at the inquest if he/she thinks it might prejudice any future criminal proceedings. '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. 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). Coroners are independent judicial officers, appointed by the local authority, and are either doctors or lawyers responsible for investigating the cause of deaths. 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 duty to investigate deaths: which are unnatural or violent. Coroners' inquests | Hampshire County Council Coroners' inquests Lists of opened and upcoming inquests by H M Coroners' Service Inquest lists are updated In cases where the cause of death is not in issue, it is unlikely that a second post-mortem examination will be needed. For further information of the event and how to apply for tickets on-line, please contact the Society on [], The Hampshire Records Office (HRO) has announced that its probate records collection on the Ancestry website has now been launched. The CPS will be involved with Coroners' adjournments where there is cause to believe that the death of the deceased was as a result of: These circumstances are all outlined under paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. SO23 8TH, Affiliated to the Family History Federation. 01722 422300. Since the enactment of the Criminal Law Act 1977, Coroners are no longer able to consider criminal liability as part of their investigations. WebAn inquest is usually opened primarily to record that a death has occurred and to identify the dead person. It is essential the prosecutor's line management and CCP, or equivalent, is made aware of such proceedings. [xv] A narrative conclusion may also (but does not have to) include factual findings on matters which are possible but 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. 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. (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.). Under Rule 8 of the Coroners (Inquest) Rules 2013, Coroners are required to complete an inquest within 6 months of the date on which the Coroner is made aware of the death, or as soon as is reasonably practicable. 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. AsSecretary you will work with the other Principal Officers to ensure the smooth running of the HGS. 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). cases where the suspect has not been found by police; cases where no charges are made, the inquest is held but unexpected evidence is given that obliges the coroner to adjourn and notify the CPS; cases where the CPS consider the matter but does not consider that the evidence is sufficient to support a charge of unlawful killing/homicide; cases where a death appear not to be suspicious at first, but evidence subsequently is found to give grounds for suspicion of homicide. Local Safeguarding Children Board (LSCB) (as introduced by section 13 of the Children Act 2004) are required to conduct a multi-agency Serious Case Review (SCR) where there has been a serious sexual abuse or impairment to the health and development of a child; or, where a vulnerable adult is experiencing abuse or neglect and has died following a serious incident. an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult). There may be a need for the CPS to appear as a witness/party in an Article 2 inquest, as a result of this involvement. There are around 98 Coroners in England and Wales covering approximately 109 coroner areas (Coroners and Justice Act 2009 [Coroner Areas and Assistant Coroners] Transitional Order 2013), which loosely mirror the boundaries established by local authority districts. 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. What will a Coroner do when a death is reported? Where there has been destruction of a body - by fire for example - or where the body may be irrecoverable (such as 'lost at sea') an inquest will be held as defined by section 1 of the Coroners and Justice Act 2009. Birth, Marriage & Death (BMD) Unwanted Certificate Service. The following are those most commonly used: The commencement of the provisions in the Coroners and Justice Act 2009 have added some further possible conclusions to this list: The conclusion of unlawful killing is restricted to the criminal offences of murder, manslaughter (including corporate manslaughter), and infanticide. What happens when criminal proceedings have been finalised? The Coroner has a duty to investigate deaths: Following the report of a sudden or unexpected death, the Coroner must establish the cause of death. Where suspicion arises that the deceased's death was caused by a criminal act, the Coroner will open an inquest, and then adjourn it until the conclusion of any criminal proceedings has been finalised, sine die (without fixed date). government's services and Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. Portsmouth WebLoudoun County Government Mailing Address: P.O. The deceased had hanged himself in prison, and whilst he had been identified as at risk the proper safeguards were never put in place. Hampshire coroner Christopher Wilkinson formally opened inquests into the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton which date back to the late 1990s following requests from their families. The Coroner has the discretion to resume an inquest (or not) following the conclusion of criminal proceedings (see paragraph 7 of Schedule 1 of the Coroners and Justice Act 2009); there will sometimes be a resumption of an inquest, despite a suspect being convicted of one of the offences listed in paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. Prosecutors should bear in mind the cases of Re Beresford (Harold) [1952] 36 Cr. Prosecutors should contact the Coroner and explain why the summons does not apply, and explain why the delays have occurred in writing. Examples of [] read more, Reports of coroners inquests appear in local newspapers and are a great resource for your Hampshire family history research. The GIRP report concluded he was given opioids without appropriate clinical indication. Filter your results by date, publication, region, county, place, type or public tag Hampshire, England 6,079 Liverpool, Lancashire, England 5,656 Birmingham, Warwickshire, England 5,120 The coroner in granting or refusing a request should give reasons for the decision. 102 Petty France, Can Nigeria's election result be overturned? 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. The Department for Work and Pensions, which was not asked by the coroner to give evidence, said it had nothing to add to Mr Pegg's comments. Inquests where the Coroner will consider whether a lack of care or common law neglect has led to the cause of death of the deceased are often termed as 'Jamieson inquests' and are based on the case of R v Coroner for North Humberside and Scunthorpe, Ex p Jamieson [1995] QB 1. Assistant Coroner - Karen HARROLD The coroner said evidence about child maintenance payments was "not relevant". Public interest immunity regarding the operation the police were conducting at the time of the fatal accident 5 day Art 2 inquest involving a prisoner suicide with alleged early closure of ACCT, safeguarding and mental health issues 1 Schedule 1 CJA 2009). Except in exceptional circumstances, inquests are always held in open court, meaning any member of the public or press can attend. There is a common duty upon all citizens to give information which will inform a Coroner of circumstances for when an inquest should be held. Mr Briggs' fiancee, Lynsey Holden, also disputed the coroner's ruling, insisting A body returned from abroad will usually be dealt with by the Coroner in the jurisdiction where the body is to be buried or cremated. 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. Where there appears to be a genuine prospect of a prosecution for death by careless or dangerous driving then the police may indicate to the coroner that they would like the coroner to authorise a full forensic post-mortem examination (which may amount to a second post-mortem examination if the coroner has already authorised a post-mortem examination). 2023 BBC. More. 01980 622992. The role will require you attend 6 Executive Committee meetings and currently 3 Development Forum meetings. The prosecutor must anticipate that the coroner may be reluctant to disclose the report to the police / CPS due to the content being beneficial to the defence and / or implications at any future trial if police / CPS had sight of the report prior to the individual being charged. Rule 25(4) Coroners (Inquest) Rules 2013 - Under Rule 25(4) a Coroner must adjourn an inquest and notify the DPP 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. However, following the commencement of the Coroners (Investigations) Regulations 2013 the Coroner will no longer be restricted to holding inquests within their own districts and will have the option to relocate if it is in the interests of the bereaved family. the particulars (if any) required by the Births Deaths and Registrations Act 1953 to be registered concerning the death. Summonses are issued under the Coroner's common law powers and are governed by the directions set out in the Civil Procedure Rules. Once sworn in, a witness may refuse to answer any questions put to them on the grounds of self-incrimination (Rule 22 - Coroners (Inquests) Rules 2013. Will the Coroner arrange a second post mortem? The BBC is not responsible for the content of external sites. For example, an inquest can run in parallel with the criminal proceedings where there has been a fatal collision and charges have been brought under section 3 of the Road Traffic Act 1988 or any other offence that is not listed in paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009 (as above). This approach will allow an informed decision to be taken on whether a second examination is justified. Hampshire coroner Jason Pegg said there was no evidence the CMS was to blame. The Coroner is more likely to resume an inquest following criminal proceedings which has resulted in a conviction where Article 2 issues, in his/her opinion need to be explored. what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: The Coroner will request a post mortem to be carried out by a pathologist to determine the cause of death. Area Coroner - Jason PEGG 2023 BBC. 01264 364433. Find Eva Page, 88, who died in March 1998. The coroner advised the family to make an official complaint to the QA, which they did. 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. WebEdward Joseph Hampshire March 5, 1922 January 4, 2018. Prosecutors should use their discretion to determine the case information they disclose, but should note that information to be disclosed only needs to be relevant to the Coroner's inquest parameters; there is no requirement to disclose any specific information in statute governing the coroners' conduct. Inquests into the deaths of 10 patients, six of whom are pictured, were held in 2009, The families of Cliff Houghton, Dulcie Middleton, Arthur Cunningham and Eva Page were among those to call for new inquests, Dr Jane Barton was found guilty of serious professional misconduct in 2010 but no prosecutions were brought. Forton Road, Gosport, who died in the Royal Portsmouth Hospital 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 Coroner usually conducts the inquest alone but Coroners may request updates on the progress of a case, and there should generally be no obstacle preventing the prosecutor providing an update. Smith in particular considers in summary cases it may be beneficial for magistrates to adjourn the criminal proceedings whilst the Coroner holds the inquest; however, there is no absolute rule of law for magistrates to take this action. Follow BBC South on Facebook, Twitter, or Instagram. 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). Website Take me there. We use cookies to ensure that we give you the best experience on our website. Coroners employ officers to assist them with their investigations. Assistant Coroner - Darren STEWART As mentioned above, criminal proceedings will usually be heard and finalised before an inquest is fully heard. 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. Either there is an identified suspect or there is a request from the police to hold a second post-mortem examination where there may be a suspect identified but not yet charged. Coroners may resume inquests where the State's agents have been involved following criminal proceedings, for example, such as in R (on the application of Middleton) v HM Coroner for Western Somerset [2001] EWHC Admin 1043. The Chief Coroner heads the coroner system and has overall responsibility and national leadership for Coroners in England and Wales. An independent police probe into the Hampshire hospital began after an inquiry found that hundreds of patients had their lives shortened. Where a body has been washed ashore, the death will be investigated by the Coroner for that district; where multiple bodies have been washed ashore in different locations, the Coroners for those districts will agree between themselves that a 'grouped inquest' might be the best course of action. This guidance should be read in conjunction with the Agreement and supporting tools. 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. 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. Coroners or a jury may also deliver a 'narrative' conclusion which sets out the facts surrounding the death in more detail. Ms Jones said she would like to see a Hillsborough-style inquest that would examine all of the deaths together and be held before a judge and jury, rather than a coroner. It is worth noting that the Coroner is under no obligation to hold an inquest solely in the public interest; an inquest will be held by a Coroner if the circumstances of the death fall under those offences listed in paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. She has previously said she was doing her best in an inadequately resourced part of the health service. Prosecutors should refer to legal guidance on Abuse of Process and to the Work Related Deaths Protocol: Practical Guide for further information. App. Follow BBC South on Facebook, Twitter, or Instagram. Where an Article 2 inquest is linked to civil proceedings (for example, litigation for damages), prosecutors should inform their line management and Chief Crown Prosecutor, or equivalent, to ensure the necessary steps are taken to handle the proceedings. Upon referral, the Coroner will contact the relevant prosecutor to arrange for receipt of the relevant material. Assistant Coroner - Hannah GODFREY Timeline: Concerns were first raised about the treatment of patients in 1998. This may merit further discussion between the CPS and the coroner in individual cases. After the post mortem, the coroner opened a case and decided an inquest was required. The Hampshire coroner has said inquests can be held into the deaths of Dulcie Middleton, Horace Reuben David Smith, Eva Isabel Page and Clifford Houghton after their families lawyer argued that they had been left without justice or closure following repeated ineffective investigations into hundreds of deaths at the hospital in Gosport, where the The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. It is for the Coroner to liaise with the bereaved regarding the release of the body, and with the police and CPS where needed if criminal proceedings are being considered. A man took his own life because his fiancee found out about a son he had hidden from her, a coroner has ruled. Prosecutors should in the first instance clarify with the Coroner the type of inquest that will be heard and how their evidence will be relevant to the inquest proceedings. I suggest trying the record office first. Eva Page, 88, who died in March 1998. PO1 2AJ, where the person died in prison, police custody or state detention. The BBC is not responsible for the content of external sites. Domestic Homicide Reviews (DHRs) (introduced by section 9 of the Domestic Violence Crime and Victims Act 2004, in April 2011) are multi-agency reviews undertaken following a domestic violence related homicide. Tom Ambrose. In these circumstances the Coroner should notify the CPS and police. 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.