ABSTRACT

This chapter will critically examine the two main official inquiries into deaths –the coroner’s inquest and the public inquiry. They both investigate how people died and can make recommendations to prevent future recurrences. However, the inquest is the only arena that is meant to fulfil the registration particulars of an individual death in terms of who, when, where and how the deceased died. The ancient history and traditions of the coroner’s court will be outlined, followed by a critique of the inherent contradictions of the statutory duties and rules of evidence, most of which are based on a belief that the inquest is an inquisitorial, neutral, fact-finding process. The power and discretion of the coroner is explored, from the decision to hold an inquest, through the collection and selection of evidence to the summing up and direction on range of verdicts.