In most cases, the cause of a person’s death is straightforward and not questioned. In other cases, a public hearing may be held to determine the facts surrounding the death. This hearing is called a coronial inquest.
Coronial inquests seek to discover what happened rather than to determine responsibility. In Queensland, inquests are conducted by magistrates in their role as coroners.
For a number of reasons, and especially if you were involved in the care of a deceased patient, you could find yourself the subject of a coronial investigation. It is prudent that you are aware of your obligations and responsibilities if you find yourself in this situation.
If you need legal advice or further clarification about this area of the law, there are criminal law firms that specialise in this complex subject matter.
What Types of Deaths Are Investigated?
Deaths are investigated when the deceased person’s identity is unknown, if police were the cause of death or if they died under suspicious circumstances. Coroners will also examine police reports to see if certain deaths require further investigation.
Sometimes a deceased’s family will ask the coroner to investigate a death, but the decision to do so rests with the coroner. After the investigation, the coroner will decide if a coronial inquest should be held.
Certain deaths are required by law to be investigated and be subject to an inquest. These deaths include:
- Deaths that occurred while someone was in police or prison custody or resulted from a police action.
- Deaths where a person was in someone else’s care, like a mental health facility, nursing home, or child safety.
If the coroner refuses a family’s request to hold an inquest, they can apply to have the decision reviewed.
Who Attends a Coronial Inquest?
Any party with a direct interest is permitted to appear at the inquest. Another lawyer or police prosecutor often assists the coroner at the inquest. That lawyer or prosecutor will usually do the bulk of the questioning of any witnesses.
The interested parties attending the inquest can also question the witnesses. Parties can represent themselves or have a lawyer examine the witnesses on their behalf.
After the inquest, the coroner must deliver their findings which include the identity of the deceased, the time and place of their death, and the cause of death.
Should I Engage a Lawyer for a Coronial Inquest?
If you have a direct interest in the inquest’s outcome, you should engage a lawyer for your legal protection. They will help you make sense of the evidence and question any witnesses on your behalf.
Typically, the next of kin will be represented at an inquest. Sometimes, a coroner will decide not to hold an inquest despite the family’s wishes. In those cases, a lawyer can request that the decision is reversed.
An inquest may highlight deficiencies in the medical or prison system, such as where a person died because of a failure of medical care or a death in custody.
Death may occur in the course of one’s work. Standard industry practices are often found to be insufficiently safe. This is typical of construction sites, for example.
Another complexity is where death is partially caused by a lack of public knowledge of the dangers of a particular act.
The Coroner may make recommendations for public awareness campaigns, a person to be charged with murder or legislation to be reviewed or amended in light of the death.
Criminal law firms specialise in this area of law and its complexities.
Conclusion
If you or a loved one need assistance or have questions about a coronial inquest, don’t hesitate to contact a reputable criminal law firm. Whether your loved one is deceased, or you have been summoned as a witness, experienced lawyers can advise and guide you through the inquest proceedings.