Being a Witness at a Coroner’s Inquest

A witness is an individual who is called to give evidence at a coroner’s inquest hearing to provide information about the circumstances surrounding a death, helping the coroner determine how, when and where the deceased died.

Giving Evidence

The coroner will decide whether attendance to give oral evidence is required, or if written evidence (e.g., a statement) will suffice. As well as this, you may not need to attend the inquest hearing if you have a reasonable and sufficient reason as to why you cannot or should not attend (for example; through illness or being out of the country). If the coroner considers that your evidence is unlikely to be disputed, it is not likely that you will be required to attend.

If an inquest is arranged and you are called to give oral evidence, then the coroner will lead the questioning. After that, any Interested Persons (“IP”) may put questions to you, then your legal representation, if any, then the jury, if present. This process is limited to merely asking questions. No party is entitled to cross-examine you with the purpose of undermining your evidence.

The coroner has a duty to restrain questions put to you to those that are not relevant to the inquest. They must protect you from humiliating, intimidating or abusive questions. However, an advocate is entitled to suggest your evidence is wrong if you have made an inconsistent statement.

You are not obliged to answer any questions that may incriminate you or expose you to criminal prosecution. The coroner has a duty to inform you that you may refuse to answer any question of this nature.

Even though a coroner’s inquest is a fact-finding inquiry and is not a trial, it can feel quite intimidating. However, if the coroner chooses to direct an inquest and you are summoned to give evidence, then we would advise you to follow the below guidance. Note – the coroner’s court is not a court of blame, but a court of fact.

Our Advice for being a witness at a coroner’s inquest

When being questioned, you should listen to the question carefully.
Do not try to interrupt the question. If the question is unclear, then do not hesitate to ask for clarification.
You should try and keep your answers short. Further questions can be asked if more detail is required.
Always answer questions as clearly, honestly and succinctly as you can and do not be afraid to say if you do not know the answer.
Avoid speaking too fast; the coroner and others in the court may be making a note of what you say.
Try to avoid medical jargon where possible. An inquest is a chance for you to explain clearly what happened to the coroner and the family of the deceased, and it is unlikely that they will all be medically qualified.
Keep a professional composure, even if the questions seem repetitive. If you do not understand a question, then ask for it to be rephrased.
If you do not know the answer to the question, or it is outside of your expertise, you should make this clear and must not speculate.

In summary, when providing answers to questions, it will be useful to confine your answers only to your own individual and direct actions. It may also be beneficial to ensure you have a copy of your statement in front of you when you are giving evidence.

MDS can help

If you are a Medical Defence Shield member, we can help you prepare for a Coroner’s inquest, providing you with the relevant and correct advice and supporting you through the process. Our team can also represent you if you are named as an “Interested Person”. Contact us as soon as you receive any correspondence which invites you to attend a coroner’s inquest or requests that you submit a statement, call our office on 0300 30 32 442 or email or case managers at [email protected].

Not an MDS member? Get in touch and join today!