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Inquests

Magistrates Court - Coroners Court

What is an inquest?

An inquest is a public hearing conducted by the coroner and is held in the closest Magistrates Court to where the death occurred.

An inquest is held when there is doubt about the facts of the case or if it is in the public interest to hold an inquest.

An inquest is not a trial. Inquest proceedings are less formal than those in conventional court hearings and the coroner is able to seek information in any way they consider appropriate. Although coroners are not bound to follow the normal rules of evidence, they are obliged to apply the principles of procedural fairness.

The coroner will hear evidence from people who have information about the death. These witnesses may be police officers, family members, doctors, experts, eye witnesses or members of the public.

Most coronial investigations do not proceed to an inquest. However, an inquest must be held if:

the death occurred while the person was in custody
the death occurred while the person was in care and raises issues about that care
the Attorney-General directs an inquest to be held
the state coroner orders an inquest to be held
the District Court upholds an appeal against a decision not to hold an inquest

You can request that an inquest be held by writing to the investigating coroner. Your request should include the reasons why you think an inquest should be held. The coroner must respond to a request within six months.

The length of an inquest may vary from hours to weeks depending on its complexity, the number of witnesses and the number of parties who have been given leave to appear.

The coroner will normally adjourn the matter at the end of an inquest to allow time to consider the evidence and write their findings. The findings must, if possible, include the deceased’s identity and the details of when, where, how and what caused them to die.

The coroner may also make recommendations about broader issues to prevent similar deaths occurring in the future.

Parties are then called back to court for the delivery of the coroner’s findings. If a person is dissatisfied with the findings they can apply to the state coroner or District Court to have the findings set aside.

Can anyone attend an inquest?

Usually any person may attend and listen to court proceedings. In certain circumstances, the coroner may exclude individuals or the public (a closed court) or prohibit the publication of evidence. It should be noted that the inquest proceedings can be distressing for some people.

How do I apply to the coroner to hold an inquest into a death?

You can apply to the coroner investigating a reportable death to hold an inquest into that death. A Form 15 - Application to coroner to hold an inquest should be completed. You can obtain this form on this website, by contacting your local Magistrates Court or from the Office of the State Coroner. You can submit this form at any stage during the investigation process.

The coroner receiving the application has six months to make a decision. Once a decision is made, the coroner is required to provide written reasons to the applicant and the state coroner (if they were not the coroner deciding the application).

After a decision has been made by a coroner not to hold an inquest into a death, the deceased’s family member is notified in writing. Once the notification is received, the family member or other applicant can apply to the state coroner within fourteen days for an inquest to be held. The state coroner will then make a decision about whether an inquest should be held. A Form 16 - Application to the state coroner to hold an inquest should be completed and lodged with either your local Magistrates Court or the Office of the State Coroner. If the state coroner decides not to hold an inquest, an application can be made to the District Court.

If the state coroner makes the initial decision not to hold an inquest, an application can be made to the District Court. Any application to the District Court must be made fourteen days after receiving advice from the state coroner that an inquest will not be held.

What is a pre-inquest conference?

A pre-inquest conference is a court process where parties attend court and make an application for leave to appear at an inquest. A number of other issues may also be determined at this time, including:

what issues are to be examined by the coroner at the inquest
what evidence will be called
how long the inquest will take
where the inquest will be held.

A pre-inquest conference is usually held at least four weeks before the inquest begins.

Does the family need to be legally represented at the inquest?

You may wish to discuss this with the lawyer or police officer assisting the coroner at the inquest. Although they are independent and do not act for your family, they will be able to explain the inquest process and the issues to be considered.

This information may help you to decide whether to obtain legal advice. You may also wish to obtain independent legal advice about this issue.

Last updated Monday, 19 November 2007 14:58