hampshire coroner inquests hampshire coroner inquests

The Chief Coroner heads the coroner system and has overall responsibility and national leadership for Coroners in England and Wales. 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. 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. Upon referral, the Coroner will contact the relevant prosecutor to arrange for receipt of the relevant material. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. Prosecutors will be aware of the LPP that applies to specific case material and the MG3 - there is no statutory obligation for specific documents to be disclosed to a Coroner unless a summons has been issued. 2023 BBC. Horace Smith, 73, who died in April 1999 after his condition was said to be improving, although he was subsequently prescribed diamorphine. 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. You can visit any full service Virginia DMV location and make a request for the death record you need. 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 Act at Schedule 1 requires the Coroner to adjourn an inquest as follows: Prosecutors should also read CPS role during inquest adjournments CPS role during inquest adjournments for further detail alongside this section. Inquests will, in most cases, remain adjourned whilst criminal proceedings are being considered. The Coroner's statutory power to refer the case to the CPS will require a prosecutor to consider whether the material needs to be passed to the police. Gavin Briggs, 40, of Welwyn Garden City, Hertfordshire, was found dead in Little Somborne, Hampshire, in July. GOV.UK guide to Coroner services and investigations. The CPS will notify the coroner where his or her investigation can run in parallel with the criminal proceedings. Video, Russian minister laughed at for Ukraine war claims, AOC under investigation for Met Gala dress, Mother who killed her five children euthanised, Alex Murdaugh's legal troubles are far from over, The children left behind in Cuba's exodus, US sues Exxon over nooses found at Louisiana plant, Biden had skin cancer lesion removed - White House. Local Safeguarding Children Boards/Panels, Serious Case Reviews and Domestic Homicide Reviews. Will the Coroner provide the police / CPS with a copy of the second post mortem report? Her have said her treatment was "neglectful and inhumane". Despite the involvement being of a peripheral nature, prosecutors need to comply with the Coroner's request as directed. The Coroner has a duty to investigate deaths: which are unnatural or violent. These recommendations will usually be made by a Coroner under Prevent Future Deaths (PFD) Reports as defined by paragraphs 28 and 29 of the Coroners (Investigations) Regulations 2013. A Coroner's Officer will make contact with the GP in the first instance to make these enquiries. The prosecutor's likely involvement will be peripheral or may not be relevant at all to the inquest hearing. As mentioned above, criminal proceedings will usually be heard and finalised before an inquest is fully heard. [xv] A narrative conclusion may also (but does not have to) include factual findings on matters which are possible but Additionally, in Osman v UK (1998) 29 EHRR 245, had the authorities done all that was reasonably expected of them, they could have avoided the threat to the life of an individual of which they had, or ought to have had knowledge. becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it. 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. in defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; in action lawfully taken for the purpose of quelling a riot or insurrection.'. 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. In cases involving the State in this way, prosecutors may be called to give evidence on the role of the CPS at inquests and should comply with the coroner's request. The coroner should disclose a post-mortem examination report to a suspect, (Rule 13(2)(a) of The Coroners (Inquests) Rules 2013). Forton Road, Gosport, who died in the Royal Portsmouth Hospital Hampshire read more, Conference Day and AGM 2023 The Hampshire Genealogical Society is pleased to announce that their Conference Day and AGM 2023 will be held at The Millennium Memorial Hall, Littleton, Winchester, SO22 6QL on Saturday 17th June 2023. 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. She added: "The families have been fighting for years for answers and we are hopeful that the coronial process will provide them with these answers. Read about our approach to external linking. He and his wife Can Nigeria's election result be overturned? 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. This led to the CPS applying for a witness summons to be issued to require the coroner to surrender the report. For example, a typical scenario may arise where a CPS decision not to charge a suspect or where a bail application was not contested led to a suspect subsequently killing the deceased. Now, the Hampshire coroner has approved the requests for inquests to be held into the deaths of Dulcie Middleton, Horace Reuben David Smith, Eva Isabel Page If the death is not due to natural causes, an inquest will be necessary. We use cookies to ensure that we give you the best experience on our website. Coroners are aware the CPS cannot initiate criminal investigations, and will provide the same material to the police. It may be beneficial for the reviewing lawyer to attend the inquest, in case the Coroner hears any evidence which questions the original charging decision. Please be assured that we will contact you as soon as possible as we try to support all families who have recently suffered a bereavement. At conservative gathering, Trump is still the favourite. Try to find out: the date Where the report of the first post-mortem examination is not available before a decision has to be made on a request for a second examination, the coroner should do everything within their power to ensure that a preliminary report or summary conclusions from the first examination are made available at a very early stage. 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. Winchester The Coroner is required to apply to the Secretary of State for permission to hold an inquest, who will direct whether the Coroner should proceed; in these circumstances, the inquest will be treated as an inquest where body does not lie within the coroner's district. A Coroner can request information from the LSCB as part of their inquest investigation, and it is the responsibility of the Chair of the Board to make the decision as to what should be released. 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. Notification to appear as a witness will generally be informal, but a Coroner can issue a summons where a witness absents themselves without explanation. One of the Coroner's Officers will contact you to explain the procedure and advise a likely timescale in this particular case. Eva Page, 88, who died in March 1998. An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. Send your story ideas to south.newsonline@bbc.co.uk. 01980 622992. 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. Following the discovery she ignored four texts from him, after which he bought equipment to take his own life and drove from Hertfordshire to Hampshire, the inquest heard. The Coroner is also not bound by the list of suggested conclusions above; this means that as long as the Coroner can form a conclusion which is concise and indicates how the deceased came by their death, a narrative verdict is acceptable. If a post mortem is necessary, it is usually performed 3 to 4 working days after removal. The coroner can discharge this function under Rule 28 in two scenarios: Scenarios where there have been no previous police or CPS involvement are rare, but do occasionally arise. 1 Guildhall Square Send your story ideas to south.newsonline@bbc.co.uk. Prior to disclosure the coroner is advised to consult with the police and / or CPS. (The same principle will apply to disclosure of reports from the CPS). Sussex Street Coroners will conduct inquests into a death where the deceased's body is lying in their district (geographical 'jurisdiction'); prosecutors should note the provision in the Coroners and Justice Act 2009 brought into force, by Commencement Order No.11, Order 2013 allows greater flexibility for a Coroner to conduct an inquest in another district. The Coroner will invite 'properly interested parties' and/or legal representatives to these hearings for the opportunity to make representations to the coroner, where required. The GIRP report concluded he was given opioids without appropriate clinical indication. Prosecutors should make an application to the coroner under Paragraph 1(4) Schedule 5 of the Coroners and Justice Act 2009. Coroners can impose reporting restrictions to ensure risks to prejudicing the administration of justice are avoided; these include specific powers to prohibit the publication of personal details of any children or young people who appear as a witness. Coroners will not normally use neglect or self-neglect to form any part of their conclusion, unless a clear and direct causal link is established between the conduct described, and the cause of death. The GIRP report concluded her death was a case of opioid usage without appropriate clinical indication. Any decision to investigate by the police, should be communicated to the coroner and CPS. Assistant Coroner - Karen HARROLD All inquests are held in public (except in the 'interests of justice or national security'), allowing members of the public and journalists the right to attend. Find 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. WebDetails of upcoming Openings, Inquest Hearings, Pre-Inquest Reviews, Documentary Inquests and Adjournments. The coroner has a power in an Article 2 inquest (but not a duty) to leave to the jury, for the purposes of a narrative conclusion, circumstances which are possible (i.e. Prosecutors should refer to the legal guidance on Disclosure of Material to Third Parties for further information. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. R. 1 and Smith v DPP & Another [2000] 164 JP 96 which both refer to inquests taking place before criminal proceedings. An inquest will be held regarding sudden, unexplained or suspicious deaths. how, when and where the deceased came by his or her death; and. Ms Holden said her "amazing" fiance, who struggled financially, had been worried about an end-of-probation meeting with his employer on 1 July 2020. The majority of cases in which the coroner will be asked for a second post-mortem examination are suspected homicide cases. Assistant Coroner - Sunyana SHARMA Following an inquest the Coroner can make recommendations to prevent future deaths from occurring, previously known as a 'Rule 43 Report' but now known as a 'Preventing Future Deaths Report' or 'PFD Report' (as set out in paragraphs 28 and 29 of the Coroners (Investigations) Regulations 2013. 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. Term usedin a coroners verdictto explain an unexplained death Hampshire inquests The Hampshire coroners records were all destroyed which means that no official records exist. The Protocol has been designed to ensure effective liaison takes place between its signatories to avoid the problem of double jeopardy arising. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. 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). Officers have been reviewing documents, including 15,000 death certificates and 700 patient records, after the Gosport Independent Review Panel (GIRP) found there was a "disregard for human life" at the hospital. 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. An inquest will open to record a death, ensure the deceased is identified and for a body to be released for burial or cremation. She also said she was under unreasonable and increasing pressure, and patients were too unwell for rehabilitation. When a coroner resumes an inquest following criminal proceedings, the coroner must ensure the outcome of the verdict is not inconsistent with the relevant criminal proceedings or other reason(s) that the Coroner's investigation had been originally suspended (paragraph 8 of Schedule 1 of the Coroners and Justice Act 2009). Another way for you to make a request for and obtain Virginia 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). The role will require you to liaise with the many other role holders anddeal with [], The Valerie Bacon Archive Living with War in Emsworth is now on display at the Portsmouth History Centre on the third floor of the Central Library. WebLoudoun County Government Mailing Address: P.O. It is likely the CCP or even the DPP will also have been sent the Report and arrangements will be put in place to liaise with the appropriate prosecutor in preparing a response. The Coroner is unable to apportion any blame or civil or criminal liability of another individual (as defined by section 10(2) of the Coroners and Justice Act 2009). Summonses are issued under the Coroner's common law powers and are governed by the directions set out in the Civil Procedure Rules. 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). 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. PO1 2AJ, where the person died in prison, police custody or state detention. 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. This guidance should be read in conjunction with the Agreement and supporting tools. Solicitor Emma Jones, who represents some of the families, said she had also requested inquests for Arthur Cunningham and Gladys Richards, who both died in 1998. Russian minister laughed at for Ukraine war claims. 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. She said: "I believe [Gavin's] death was predominantly impacted by his struggles with the CMS and mistakes they made with his income and arrears.". Cases where driving causes death may, therefore, only be regarded as unlawful killing for inquest purposes if they satisfy the ingredients for manslaughter (gross negligence manslaughter) or where a vehicle is used as a weapon of assault and deliberately driven at a person who dies (murder or manslaughter depending on the intent). 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. Officers have been reviewing documents, including 15,000 death certificates and 700 patient records, after the Gosport Independent Review Panel (GIRP) found there was a "disregard for human life" at the hospital. Prosecutors may find they are summonsed to explain why a charging decision was not made despite being the case being (in the Coroner's view) in the public interest, or why delays (to the progress of a prosecution case) have occurred in more complex cases. The role will require you attend 6 Executive Committee meetings and currently 3 Development Forum meetings. 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. Prosecutors should note there is one circumstance where the coroner will have automatic jurisdiction (power to exercise their function): where a death caused by natural causes occurs in a prison or other place of 'custody'. 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. Assistant Coroner - Rachel SPEARING 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. Her diary entries were never meant to record the war [], Hampshire Genealogical Society Follow BBC South on Facebook, Twitter, or Instagram. Four new inquests will be held into the deaths of patients who died at a hospital that is being investigated over the care of hundreds of patients. This legal guidance provides prosecutors with information about Coroners and their responsibilities. This process was put in place following the case of R v Beedie (1997) 2 Cr. Second post-mortem examinations in road traffic collision deaths should in practice very seldom be authorised by a coroner. The Coroner is expected to open an inquest where there is reasonable suspicion that the deceased has died a violent or unnatural death, where the cause of The best remaining source is from local newspaper reports though not every inquest and verdict was reported. When reported the content varied from very brief to quite detailed. The decision of the Supreme Court in Maughan means that the ordinary expectation that a prosecution should follow a verdict of unlawful killing, found in cases such as R v DPP ex parte Manning [2001] QB 330 and R v (on the application of Dennis) v DPP [2006] EWHC 3211, no longer applies. Assistant Coroner - Samantha MARSH These cases will automatically be referred to the Coroner for an inquest and will be held with a jury present. It seems to me that Gavin Briggs knew at that point that something was amiss. SE, Leesburg, VA 20175 The BBC is not responsible for the content of external sites. Fordingbridge Solicitors. Dulcie Middleton, 86, who died in September 2001, three months after she was admitted for rehabilitation following a stroke. WebThe Coroner is an independent judicial officer, appointed by the local authority. Coroners may hold pre-inquest reviews (or hearings) in more complex cases, with the aim of assisting their inquest preparation. 01722 422300. 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. Help us to improve our website;let us know Unfortunately there is no mechanism to avoid this, but the disclosure of CPS communications may be prevented if the coroner is explicitly told of the restricted nature of the communication at the time it is sent. At conservative gathering, Trump is still the favourite. Hampshire Inquest Solicitors Representing Families in Hampshire Coroners Courts. Prosecutors should bear in mind the cases of Re Beresford (Harold) [1952] 36 Cr. 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. Subscriber Access Type. It also provides operational advice regarding the Agreement between The Crown Prosecution Service, The National Police Chiefs' Council, The Chief Coroner and The Coroners' Society of England and Wales. government's services and The inquest would be held in the district where the death occurred. The coroner may refuse to provide the report where the document relates to contemplated or commenced criminal proceedings (under Rule 15(d)). 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. 1 Schedule 1 CJA 2009). 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. However, where a decision is taken not to proceed with a prosecution following a verdict of an unlawful killing prosecutors should continue to provide a clear explanation for that decision. 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: App. A prosecutor cannot consider charges from the material received directly from the coroner, but should consult the police who will consider whether an investigation is required. 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. Send your story ideas to south.newsonline@bbc.co.uk. Coroners are independent judicial officers, appointed by the local authority, and are either doctors or lawyers responsible for investigating the cause of deaths. The deceased had hanged himself in prison, and whilst he had been identified as at risk the proper safeguards were never put in place. 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. What's the least amount of exercise we can get away with? 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. An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. Intervention is not expected in every case, but prosecutors may be contacted by the Chief Coroner, or the Coroner handling the case, for a progress report where the cause of delay appears to lie with the CPS. What will a Coroner do when a death is reported? This inquest includes the surname Coffin and Sait, do they appear in your Hampshire family history tree? Website. If the death is found to be due to natural causes, the Coroner can release the deceased to your chosen funeral directors. The majority of deaths are not reported to the Coroner and, in most cases the deceased's doctor will issue a medical certificate with the cause of death without reference to a coroner, especially if they have been treated for an illness which caused the death. Where the coroner insists that a prosecutor needs to comply with the summons request, a prosecutor should consider applying to have the summons set aside formally. 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. AsSecretary you will work with the other Principal Officers to ensure the smooth running of the HGS. In such cases, other than toxicology tests, there should be no need for a forensic or further post-mortem examination. An The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. The BBC is not responsible for the content of external sites. Prosecutors should refer to CPS role during inquest adjournments for further detail alongside this section. The Coroner may also have to prove the body has been destroyed or lies in a place from where it cannot be recovered as well as meeting the criteria required for an inquest.