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The office of coroner can be traced back to the twelfth century. From the earliest
times one of his most important duties was to enquire into unnatural
deaths or deaths in unusual or perhaps suspicious circumstances,
and this has become his chief function in the present day. The
coroner also conducts enquiries into treasure trove, which consists
of objects of gold and silver and coins of any metal once hidden
and now found, and which have become the property of the Crown
because the original owner cannot be traced. At present treasure
trove is handed over to the Treasury, but it is customary for
the Treasury to reward the finder and the owner of the land
on which it is found.
The coroner sits with a jury of between seven and eleven people
in cases of suspected murder, manslaughter, infanticide, suicide,
poisoning, and road accidents. He can summon and examine on
oath any person who is believed to have knowledge of the circumstances
of the death. Interested parties may be represented at the inquest
by counsel or solicitors, who do not make speeches but who may,
with the permission of the coroner, put questions to the witness.
A verdict as to the cause of death is returned by the jury,
or by the coroner himself if he is sitting without a jury. If
the cause of death cannot be fully established, an ‘open’
verdict is returned. If the verdict is murder or manslaughter
by some known person a warrant for his arrest is issued and
he is tried by the Crown Court. This rarely happens, however,
because the coroner must adjourn the inquest if, before its
conclusion:
-he is told by a clerk of a magistrates’ court that some
person has been charged with murder, manslaughter or infanticide
of the deceased, or of causing death by reckless driving, or
of aiding, abetting, counselling or procuring the death of the
deceased; or
-he is informed by the Director of Public Prosecutions that
some person has been charged with an offence committed in circumstances
connected with the death of the deceased.
After the conclusion of the relevant criminal proceedings the
coroner may resume the adjourned inquest if he thinks that there
is sufficient reason to do so, but this is very much a formality,
as his findings must not be inconsistent with the outcome of
the criminal proceedings.
The coroner’s court is the only English court in which
the inquisitorial process is used. The coroner is charged with
the function of discovering the cause of death, and is not merely
an impartial judge. Thus he himself is responsible for questioning
witnesses, and he does not allow speeches by persons acting
on behalf of interested parties. As mentioned above, solicitors
and barristers may question witnesses, but only with the permission
of the coroner.
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Solicitors Barristers and Lawyers
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