How is a coronial case different to a court case?

• A coronial inquest will not decide if someone is criminally or civilly liable (responsible). This means that the coroner does not have the power to:
  • find a person guilty of an offence and convict them; or
  • to find the party civilly responsible such as in negligence and make an award of damages against them.
• The coronial process is inquisitorial (investigating) rather than adversarial (arguing). This means it is not one party versus another. Instead the coroner will ask questions of all parties to try and find out all the circumstances that caused the death.
• The coroner’s findings are not enforceable in the same way as a court order. The recommendations issued to governments and other agencies are not binding or enforceable either.
• In some cases the coroner’s findings can be used in other proceedings. For example they may be raised in civil proceedings. The judicial officer in those proceedings will decide what weight to give them.