About Inquests

What is an Inquest?
When is an Inquest Held?
Can an Individual Request an Inquest?
What Happens at an Inquest?
About Being a Witness
Advice on Giving Evidence
Is an Inquest Open to the Public?
Appropriate Courtroom Behaviour

What is an Inquest?

An inquest is a public court inquiry presided over by a Coroner in which the circumstances surrounding a death are examined.

A Coroner is an independent judicial officer who must inquire into every death from unknown or apparent non-natural causes.

During an inquest witnesses are called to give evidence and exhibits are produced to enable the Coroner to make a finding in relation to the death.

The Coroner presiding over the inquest must find if possible:

• The identity of the deceased;
• The time and place of death;
• The cause of death.
• The particulars needed to register the death and
• Any relevant circumstances concerning the death.
• The coroner may also make comments on matters connected with the death.

An inquest does not decide questions of civil liability and the Coroner is not allowed to include in a comment or finding a statement that any person is or maybe guilty of an offence.

When is an Inquest Held?

Only a small number of deaths reported to the Coroner will result in an inquest. After examining evidence, such as the statements of witnesses and medical reports, the Coroner may decide that an inquest is not necessary.

However, in certain types of deaths such as deaths in custody, or where the identity of the person is not known, an inquest must be held.

An inquest may be held into any unexpected, unnatural, or violent death which raises important issues that need to be determined in an open court.

Can an Individual Request an Inquest?

Concerned members of the public, including the family of a deceased person, can request an inquest by the Coroner into a death. Requests should be in writing and include an explanation of the reasons for the request.

If the Coroner refuses the request:

• Reasons in writing must be provided by the Coroner;
• An application may be made to the Supreme Court;
• The application must be made within 14 days of receiving the Coroner's reasons.

If an inquest is to be held, the family or other persons with an interest may choose to be legally represented at their own cost.

What Happens at an Inquest?

An inquest is a formal court hearing.

Witnesses at an inquest are usually asked questions by a Counsel assisting the Coroner. This is a legal practitioner experienced in coronial matters.

People with an interest in the circumstances of a death may, at the Coroner's discretion, ask questions of a witness or a lawyer may ask questions on their behalf.

Family members may raise issues with a Counsel assisting the Coroner who can then ask questions relevant to those issues, if appropriate.

Family members may also raise issues in a letter addressed to the Coroner, preferably before the inquest, so the Coroner is aware of their concerns.

About Being a Witness

Witnesses at an inquest must be either sworn in or give an affirmation. In either case the court officer will assist the witness.

Witnesses should remember to take any relevant documents about the case with them to the inquest. Witnesses may be asked to read from documentation, so please bring reading glasses if required.

Witnesses waiting to give evidence are sometimes allowed to sit in the courtroom and listen to the hearing. On occasions, however, the Coroner may order witnesses to leave the courtroom and wait outside until it is their turn to give evidence.

If a witness does not reside in the place where the inquest is being held, it may be possible to give evidence by video link or by telephone. If this is the case, please call the Coroner's Clerk on (08) 8999 7770 as soon as a summons is received.

Sometimes many witnesses may be called and the length of time their evidence takes may be uncertain. It is not always possible to be given an exact time that a witness will be called in court. Speak to the Counsel assisting the Coroner, who may be able to advise of an approximate time for the giving of evidence.

Witness Expense:

A witness may be entitled to recover any financial loss they have incurred because they have been summonsed as a witness. Expenses such as travel costs and lost wages can be claimed. Contact the Coroner's Clerk prior to the inquest in order to find out what arrangements can be made.

Advice on Giving Evidence

• Stay relaxed and calm.
• Tell the Coroner if you need a break.
• Listen carefully.
• If you do not understand a question or cannot hear a question ask for it to be explained.
• Speak clearly and slowly.
• Be careful not to leave anything out when giving your answer.
• If you need advice ask the Coroner.

Is an Inquest Open to the Public?

Yes, any person may attend and listen to the proceedings. In certain circumstances, the Coroner may exclude individuals or the public generally and prohibit the publication of evidence.

Appropriate Courtroom Behaviour

• When entering and leaving a courtroom it is customary to bow towards the bench.
• Enter and leave the courtroom quietly so as not to disrupt the proceedings.
• Talking, smoking eating and chewing gum is not permitted.
• Ensure mobile telephones and pages are turned off before entering the courtroom.