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Coroners’ Courts

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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