Coronial & Inquests
6. The Inquest
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 13 Jul 2015
- The date of the hearing will be made publicly available shortly after the coroner has taken these steps in preparation. Interested parties and the family of the deceased will also be told the date and location of the hearing.
- The inquest hearing will be held in a courtroom. Generally the following people will be present:
- the coroner;
- the coroner’s assistant;
- interested parties; and
- the family and their legal representatives.
- The hearing will be run in a more flexible way than court hearings. While the laws of evidence do not bind the coroner he or she must still apply the fair trial principles.
- At the beginning of the hearing each party will introduce themselves. If you have a lawyer then the lawyer will speak on your behalf.
- The coroner’s assistant will bring in the witnesses. Each witness must make an oath or affirmation before they give their evidence.
- If a witness has given a statement to the police then their statement will be read out loud. The witness will be asked to confirm the contents. They will also be given an opportunity to add or change something if they wish to.
- The coroner and the coroner’s assistant can ask the witness questions. Then other interested parties and the family of the deceased can ask questions. If you have a lawyer then the lawyer will speak on your behalf.
- Once all witnesses have given evidence then each party has a chance to give a final statement to the coroner.
- The coroner may make some findings on the day of the hearing. Usually the case will be adjourned until another day so that the coroner can carefully consider the evidence before making findings and recommendations.
- It can take weeks or months before the coroner makes a finding.
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