Local Safeguarding Children Boards/Panels, Serious Case Reviews and Domestic Homicide Reviews. Several hours later she sent him a text that read: "I've just found out the last three years of my life has been based on lies.". The GIRP report concluded he was given opioids without appropriate clinical indication. (The same principle will apply to disclosure of reports from the CPS). Follow BBC South on Facebook, Twitter, or Instagram. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. This section should be read in conjunction with When a prosecutor receives a Coroner's summons to an Article 2 inquest below. The best remaining source is from local newspaper reports though not every inquest and verdict was reported. Coroners can impose reporting restrictions to ensure risks to prejudicing the administration of justice are avoided; these include specific powers to prohibit the publication of personal details of any children or young people who appear as a witness. paragraph 1(2)(a) of Schedule 1 - Coroners and Justice Act 2009: The Coroner must suspend an investigation or inquest following a prosecuting authority's request on the grounds that a person may be charged with a homicide offence involving the death of the deceased (as outlined under paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009). WebCoroners inquests are held in cases of sudden, unexplained or suspicious deaths. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. Where the report of the first post-mortem examination is not available before a decision has to be made on a request for a second examination, the coroner should do everything within their power to ensure that a preliminary report or summary conclusions from the first examination are made available at a very early stage. WebLoudoun County Government Mailing Address: P.O. Most inquests are held by a coroner sitting alone, without a jury, but as above under Investigations, a jury must be summoned in some circumstances, for Hampshire Inquest Where suspicion arises that the deceased's death was caused by a criminal act, the Coroner will open an inquest, and then adjourn it until the conclusion of any criminal proceedings has been finalised, sine die (without fixed date). The police should notify the Coroner and bereaved of the next steps to be taken; prosecutors may also want to ensure CPS Bereaved Families Policy is adopted as required. Solicitor Emma Jones, who represents some of the families, said she had also requested inquests for Arthur Cunningham and Gladys Richards, who both died in 1998. However, where an inquest takes place and a criminal act has not been suspected as leading to the cause of death, the Coroner may restrict any evidence being heard at the inquest if he/she thinks it might prejudice any future criminal proceedings. She has previously said she was doing her best in an inadequately resourced part of the health service. I think it's inaccurate.". This guidance assists our prosecutors when they are making decisions about cases. Under Rule 25(4), the Coroner has a statutory obligation to notify the DPP (CPS) the inquest has been adjourned. GOV.UK is the place to find Assistant Coroner - Robert SIMPSON Portsmouth R. 167 where a scenario of 'autrefois convict' (the defendant had been convicted in an earlier prosecution - in this case, brought about by another prosecuting authority) arose, leading to an abuse of process. Prior to disclosure the coroner is advised to consult with the police and / or CPS. Prosecutors should bear in mind the cases of Re Beresford (Harold) [1952] 36 Cr. WebDetails of upcoming Openings, Inquest Hearings, Pre-Inquest Reviews, Documentary Inquests and Adjournments. Claim this business (703) 450-8620. Coroners may request updates on the progress of a case, and there should generally be no obstacle preventing the prosecutor providing an update. For road traffic fatalities, this is permitted as section 20(5) of the Road Safety Act 2006 does not apply where the cause of the deceased's death cannot be proved. In cases where the cause of death is not in issue, it is unlikely that a second post-mortem examination will be needed. Help us to improve our website;let us know She also said she was under unreasonable and increasing pressure, and patients were too unwell for rehabilitation. The police will, when referring a case to the CPS for early advice or where a charging decision is being requested, provide the details of the coroner to enable the prosecutor to establish early contact. The BBC is not responsible for the content of external sites. The inquest would be held in the district where the death occurred. The Chief Coroner has the power to 'take over an investigation at any stage' where an individual Coroner's investigation has not been completed within a year from the day in which the Coroner is made aware of the deceased's death (paragraph 26(1) Coroners (Investigations) Regulations 2013). Her diary entries were never meant to record the war [], Hampshire Genealogical Society The Chair will usually consult with the agencies involved, and may request to agencies to suggest redactions to any document proposed for release. The BBC is not responsible for the content of external sites. The Coroner is an independent judicial officer, appointed by the local authority. Coroners employ officers to assist them with their investigations. For example, a typical scenario may arise where a CPS decision not to charge a suspect or where a bail application was not contested led to a suspect subsequently killing the deceased. Additionally, in Osman v UK (1998) 29 EHRR 245, had the authorities done all that was reasonably expected of them, they could have avoided the threat to the life of an individual of which they had, or ought to have had knowledge. SE, Leesburg, VA 20175 Little Somborne death: Man took own life after hiding son It may be beneficial for the reviewing lawyer to attend the inquest, in case the Coroner hears any evidence which questions the original charging decision. WebInquest papers may still be held by the coroner, or deposited with the local record office. Inquests Assistant Coroner - Rachel SPEARING Her have said her treatment was "neglectful and inhumane". The Act at Schedule 1 requires the Coroner to adjourn an inquest as follows: Prosecutors should also read CPS role during inquest adjournments CPS role during inquest adjournments for further detail alongside this section. The Office of the Chief Coroner was created by the Coroners and Justice Act 2009, with the first Chief Coroner being appointed in September 2012. It will be for the Coroner and the relevant enforcing authority to decide the order in which the regulatory proceedings and inquest will take place. Prosecutors should refer to legal guidance on Abuse of Process and to the Work Related Deaths Protocol: Practical Guide for further information. App. Although there will be no direct involvement of the CPS in the death, there may be a need for the CPS to appear as a witness/party in an Article 2 inquest, as a result of the peripheral involvement. He and his wife This longer explanation will include the coroner's or jury's conclusions on the main issues arising in the surrounding circumstances of the death. The most typical scenarios include where there has been a CPS decision not to charge a suspect or where the prosecutor has not contested a bail application, and the suspect has subsequently killed the deceased. The coroner will suspend his or her investigation (and adjourn any inquest held as part of that investigation) upon the police notification, pending completion of the police investigation (and, where appropriate, prosecution). Both reviews look at lessons to be learned from the circumstances of the death; they do not seek to reinvestigate the situation in which the death occurred, nor do they seek to apportion blame. The Crown Prosecution Service The Coroner will often sit alone to hear an inquest, but there are certain circumstances (as defined by section 7 of the Coroners and Justice Act 2009) which place a requirement upon the Coroner to summon a jury to hear an inquest case: The Attorney General, under the Coroners and Justice Act 2009 (Consequential Provisions) Order 2013, has a public interest function independent of the Government, to decide whether to apply to the High Court for an inquest. A Coroner may contact the CPS to attend a pre-inquest review/hearing. Prosecutors should refer to the legal guidance on Disclosure of Material to Third Parties for further information. It is essential the prosecutor's line management and CCP, or equivalent, is made aware of such proceedings. Inquests into the deaths of 10 patients, six of whom are pictured, were held in 2009, The families of Cliff Houghton, Dulcie Middleton, Arthur Cunningham and Eva Page were among those to call for new inquests, Dr Jane Barton was found guilty of serious professional misconduct in 2010 but no prosecutions were brought. Legal Professional Privilege (LPP) extends to confidential communications between a lawyer and client in the usual way and applies to oral and documentary evidence equally in the Coroner's Court. of 197. AsMinute Taker you will work with the Chairman to produce the agendas. 1 Schedule 1 CJA 2009). She added: "The families have been fighting for years for answers and we are hopeful that the coronial process will provide them with these answers. Where a prosecutor is aware that a second post mortem has been carried out, they should liaise with the police to seek information about the outcome, (it is possible that the second post mortem will be attended by the police and the first pathologist). I suggest trying the record office first. Upon referral, the Coroner will contact the relevant prosecutor to arrange for receipt of the relevant material. Officers have been reviewing documents, including 15,000 death certificates and 700 patient records, after the Gosport Independent Review Panel (GIRP) found there was a "disregard for human life" at the hospital. Article Coroner Opens Inquest The Portsmouth Coroner Mr. P. H. Childs) yesterday adjourned until November 19 the inquest on Marjorie Vine Pope 153). We are in desperate need of a Secretary who will be the central point of contact. The Coroner is unable to apportion any blame or civil or criminal liability of another individual (as defined by section 10(2) of the Coroners and Justice Act 2009). H M Coroners' Service in Hampshire | Hampshire County Inquests will, in most cases, remain adjourned whilst criminal proceedings are being considered. Website. factory itorker. Try to find out: the date Notification to appear as a witness will generally be informal, but a Coroner can issue a summons where a witness absents themselves without explanation. New inquests opened into deaths of This process was put in place following the case of R v Beedie (1997) 2 Cr. Coroners Rerports Archives - Hampshire Genealogical Due to the high volumes of referrals being received by the service, we are experiencing some delays. Following the discovery she ignored four texts from him, after which he bought equipment to take his own life and drove from Hertfordshire to Hampshire, the inquest heard. Portsmouth, Hampshire, England Access Type. The majority of deaths are not reported to the Coroner and, in most cases the deceased's doctor will issue a medical certificate with the cause of death without reference to a coroner, especially if they have been treated for an illness which caused the death. 102 Petty France, An inquest will be held regarding sudden, unexplained or suspicious deaths. Unfortunately there is no mechanism to avoid this, but the disclosure of CPS communications may be prevented if the coroner is explicitly told of the restricted nature of the communication at the time it is sent. Coroners can themselves (without external influence) adjourn inquests pending a public inquiry (as set out in paragraph 3 of Schedule 1 of the Coroners and Justice Act 2009) or under Rule 25(4) of the Coroners (Inquest) Rules 2013. An inquiry found 456 patients died after being given opiates at the hospital between 1987 and 2001, but no charges have ever been brought. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. Prosecutors should refer to CPS role during inquest adjournments for further detail alongside this section. Dr Jane Barton, who oversaw the practice of prescribing painkillers on the wards at the hospital, was disciplined by the General Medical Council in 2010 for serious professional misconduct, but she was not struck off and retired soon afterwards. The coroner may refuse to provide the report where the document relates to contemplated or commenced criminal proceedings (under Rule 15(d)). where the If you continue to use this site we will assume that you are happy with it. Eva Page, 88, who died in March 1998. Where an Article 2 inquest is linked to civil proceedings (for example, litigation for damages), prosecutors should inform their line management and Chief Crown Prosecutor, or equivalent, to ensure the necessary steps are taken to handle the proceedings. It is regularly updated to reflect changes in law and practice. Amesbury Solicitors. The CPS will be involved with Coroners' adjournments where there is cause to believe that the death of the deceased was as a result of: These circumstances are all outlined under paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. Where a death has occurred aboard an aircraft, the Coroner residing within the district where the aircraft lands will hold the inquest, regardless of where the aircraft was located when the death occurred. The Chief Coroner has issued guidance about post-mortem examinations including second post-mortem examinations. inquest Inquests are public hearings and can be held with or without juries - both are considered equally valid. (Examples include the Attorney's decision to request a new inquest for the victims that were killed at the Hillsborough Football Stadium in 1989; and, the decision not to apply for a new inquest into the 2003 death of Dr David Kelly, a government scientist.). Powers for coroners and other judges to hold closed material proceedings are permitted under the provisions of sections 6-11 of the Justice and Security Act 2013. Prosecutors should note that the case of Evandro Lagos and HM Coroner for the City of London and Anele Austin [2013] EWHC 423 (Admin) re-affirms the law that the family are not entitled to have the police report. Birth, Marriage & Death (BMD) Unwanted Certificate Service. There is no statutory requirement for the CPS to act, but prosecutors should consider assisting the Coroner to progress the case (where appropriate). Inmate Records | Hampton, VA - Official Website Can Nigeria's election result be overturned? Assistant Coroner - Karen HARROLD All inquests are held in public (except in the 'interests of justice or national security'), allowing members of the public and journalists the right to attend. It was argued the police and local authority could have foreseen the incident and that it was preventable, as both bodies were aware the victim (Hurst) was in danger from his eventual killer (Albert Reid convicted of manslaughter in 2001). "My clients believe that the only way to achieve a thorough investigation of what happened is to conduct a judge-led Article 2 inquest [under the European Convention of Human Rights] which gives much greater powers to look at the individuals and institutions involved.". There may be a need for the CPS to appear as a witness/party in an Article 2 inquest, as a result of this involvement. One of the Coroner's Officers will contact you to explain the procedure and advise a likely timescale in this particular case. Directions Advertisement. The coroner said evidence about child maintenance payments was "not relevant". There is no definitive list of conclusions available to a Coroner. A prosecutor may receive an attendance request or summons to appear in front of an Article 2 inquest; compliance is essential where the CPS has been involved in the events that led to the death of the deceased. The Chief Coroners guidance identifies that often in road traffic collision deaths, the cause of death is not the issue, rather it is the causal link between the death and the manner and the standard of driving which is the important factor. the particulars (if any) required by the Births Deaths and Registrations Act 1953 to be registered concerning the death. Registered Charity No 284744, Hampshire Genealogical Society, 2023 | Site by Wizbit. Probate records are official court documents concerning the settlement of a persons estate after they die. The respondent is given 56 days to reply in writing, giving details of actions that have been taken or proposed to be taken, or an explanation as to why no action will be taken to prevent future similar deaths. Her have said her treatment was "neglectful and inhumane". a suspicious death (murder, manslaughter, corporate manslaughter (as inserted by the Corporate Manslaughter and Corporate Homicide Act 2007) or infanticide); a road traffic fatality where the offence committed caused the death of the deceased (as defined by sections 1, 2B, 3ZB and 3A of the Road Traffic Act 1988); or, under section 2(1) of the Suicide Act 1961 (as amended by section 59 of the Coroners and Justice Act 2009) which defines the criminal liability for complicity for another's suicide (encouraging or assisting the suicide or attempted suicide of another person); or. Coroner Name Age Date of death Place of death Hearing type; 2 Mar 2023 - 3 Mar 2023: 10am: Anna CRAWFORD: Alan Roger WALLIS: 70: 11 Feb The family waited 7 months for the majority of the response to the complaint, and a further three for the rest. App. Coroners' inquests | Hampshire County Council Sussex Street SO23 8TH, Affiliated to the Family History Federation. Hampshire coroner Christopher Wilkinson formally opened inquests into the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton which date back to the late 1990s following requests from their families. Assistant Coroner - Darren STEWART These cases will automatically be referred to the Coroner for an inquest and will be held with a jury present. In this case the individual was known to the police and education authorities to have been harassing and threatening students and their parents; he went on to kill one of the student's parents and a teacher at the school. Russian minister laughed at for Ukraine war claims. Prosecutors should contact the Coroner and explain why the summons does not apply, and explain why the delays have occurred in writing. Coroners may resume inquests where the State's agents have been involved following criminal proceedings, for example, such as in R (on the application of Middleton) v HM Coroner for Western Somerset [2001] EWHC Admin 1043. Four inquests to be held into death of elderly patients at hospital This approach reduces the number of cases which may eventually lead to a verdict of unlawful killing in a coroners court although some notable exceptions include: Prosecutors may be present during inquest hearings where unlawful killing conclusions have been found, or may be contacted by bereaved family members, the police or the Coroner. There is no power available for the Coroner to frame their determination in such a way as to appear to determine criminal liability on the part of a named individual or organisation or civil liability (as defined by section 10(2) of the Coroners and Justice Act 2009). The prosecutor should consider whether any new evidence or information within the Coroner's proceedings has the capability to change any previous CPS decision not to bring criminal charges (that is, any evidence or information which had not been previously available during the CPS' initial consideration). In addition, the Coroner will also investigate where the deceased has not been seen by the doctor issuing the medical certificate, or during the 14 days before the death. inquests However, before the application can be made, the Attorney has to be satisfied there is sufficient admissible evidence to persuade the Court of either of the two tests set out in section 13 the Order. Play Tribute Movie Ian Briggs (left) walked out of the inquest into the death of his son Gavin, Gavin Briggs drove from Hertfordshire to Hampshire to take his own life.