Coroner’s Inquests
What is an inquest?
An inquest is a public hearing conducted by a coroner. In Melbourne, inquests are held in the Coroner's Court at the Coronial Services Centre. In the country, inquests are held at the local Magistrates Court.
An inquest is not a trial and it is conducted in a more informal way than some court hearings. The coroner has wide powers of inquiry and is not restricted to the normal courtroom rules about what evidence can be given. The coroner may hear from anyone who has information which will shed light on the death. They can order a witness to attend if necessary.
The coroner is interested in finding what lessons can be learnt from the death and can comment on any matter connected with the death. (For example, the coroner might make recommendations about changes to hospital procedure or to the design of equipment to make it safer.) It is not the coroner's role to establish whether a crime has been committed or to find a person guilty of that crime. Nor is it the coroner's role to establish negligence.
When an inquest might be held
Only a small number of investigations by the coroner end with an inquest.
There is always an inquest if:
- homicide is suspected (however, the coroner usually waits until the outcome of any criminal proceedings and can decide not to have an inquest if someone has been charged and convicted of a crime in relation to the death)
- the person was 'held in care'
- the person's identity is not known.
There may be an inquest in other cases if the coroner believes it is necessary. This will usually be because the facts are unclear or there is some issue of public importance (i.e. public health and safety).
Requesting an inquest
Anyone can ask the coroner to hold an inquest into a death. This is done by writing to the coroner, giving reasons why you believe an inquest is necessary. If the coroner refuses your request, you can apply to the Supreme Court for an order that an inquest be held.
Going to the inquest
The contact family member is notified of the inquest date but an inquest is also open to the public, anyone can attend and observe. It is worth going to another inquest beforehand, to get an idea of what happens. The court registrar can tell you what inquests are scheduled.
People who believe they are an 'interested party' need to contact the registrar of the Coroner's Court they will have to demonstrate their involvement and why they should formally participate in the hearing.
It can be very difficult going to an inquest some time after the person's death and hearing it discussed in a public courtroom. For the sake of clarity and to avoid confu-sion, the language used can sometimes be clinical. You need to be prepared for the possibility that there will be details about the death you have not heard before.
How long will it take?
The length of an inquest varies, depending on the degree of complexity, the number of witnesses and the number of people who have legal representation. Some inquests last only a few hours, while others can take several days or even weeks.
Do I need a lawyer?
You can be represented by a lawyer if you wish. Getting some preliminary legal advice might help you decide whether you need a lawyer in court.
The Coroner's Assistant, who is a plain-clothes police officer, is there to assist the coroner if the family does not have a lawyer, the Coroner's Assistant is available to help the family through the inquest, but they cannot act as your legal representative.
Arriving at court
You should allow plenty of time to get to court. If you're going to the Coronial Services Centre in Melbourne, there is a car park next to the Centre that you can use.
When you arrive, go to the reception counter to let the court staff know that you are there. You will be told which courtroom the inquest will be held in. The Coroner's Assistant will make themselves known to you before the inquest starts.
What happens at an inquest
When the inquest begins, the lawyers representing family members or other interested parties introduce themselves. A member of the State Coroner's Investigation Unit will then call the witnesses one by one to give evidence.
The procedure is:
1. Witness sworn in
The witness goes into the witness box and swears an oath or affirms to tell the truth. The witness is asked to give their name, address and occupation.
2. Witness statement
The witness statement will be read out. This is a written statement that the witness will have already given to the police. The witness will be asked to confirm that it is their statement and then given a chance to make any changes to it. The statement then becomes part of the evidence that can be referred to later.
3. Questioning of witness
A member of the State Coroner's Investigation Unit can then ask the witness questions which expand on what they have said in their statement. The other lawyers also have the opportunity to ask the witness questions.
The Coroner's Assistant can then ask more questions to clarify anything that has come up. If the family is not represented by a lawyer, the State Coroner's Investigation Unit will check whether they have any questions they would like asked of the witness.
The coroner can also ask questions along the way. The coroner may request other witnesses to be called if more evidence is needed to clarify an issue.
4. Final statements
Once all the witnesses have been heard, the lawyers may make submissions to the coroner, summing up their views. If the family is not represented the coroner may ask them if there is anything they want to say.
The family's role
The family has an important part to play in the inquest. You may be required to give evidence and also you will have an opportunity to express your views to the coroner. You can make a statement to the coroner through the State Coroner's Investigation Unit, through your lawyer or on your own behalf.
Usually you will be given the chance to speak at the inquest. However, this is up to the coroner and sometimes the coroner will decide that it is better for the family to submit a written statement instead. For this reason, you should prepare what you want to say in writing beforehand.
Police inquest brief
Before the inquest the coroner receives from the police a 'brief' containing all the relevant information about the death which they have collected. This includes witness statements, police reports, the autopsy report, photos and other forensic material. Any family member or other person who is an interested party can get access to this information. Ring the court registrar if you want to arrange this.
Being a witness at an inquest
If you are asked to give evidence at an inquest, contact the court registrar at the Coroner's Court to find out what you need to do. It is useful to attend another inquest to see what happens. You may also wish to seek legal advice first.
Contacting the Coroner's Court
If you have any questions about the inquest, ring the court registrar at the Coroner's Court in Melbourne or at the local country Magistrates Court.
If there is anything you would like to tell the coroner before the inquest, you can contact the State Coroner's Investigation Unit.
Inquest finding
Once the coroner is satisfied that all the relevant evidence has been heard, they will usually postpone ('adjourn') the case so that they can complete their finding. Sometimes this will be given on the same day, but the case may be adjourned to a future date when the court will be reconvened for the coroner to deliver their finding.
Access to information
Once the inquest is finished and the case closed, the file remains a public document. Interested parties can get access to the file at a later stage. They can also get a copy of the transcript of the inquest this is a recording of all the evidence. You may have to pay a photocopying fee for the transcript.
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