Flashcards in death and the coroner Deck (28)
what are the situations where a death is reported to the coroner?
when the cause is unknown, unnatural or violent, sudden or unexplained
when the person who died was not seen by a medical practitioner during their final illness, or 14days before or after so medical certificate not signed, where there is no certificate available
death during operation or before come out of anaesthetic
death that is suspected to be due to industrial poisoning or disease
what happens if the coroner decides it is clear what happened?
the doctor signs a medical certificate and takes it to registrar, the coroner issues a certificate to the registrar stating a post-mortem is not needed
where can a post mortem occur?
in a hospital or a mortuary
can an objection be placed against a coroners PM?
no but if you have asked then the coroner must inform you and the person's GP when and where the examination will take place
what form is signed by the coroner for a cremation?
what happens after the coroner PM?
coroner releases the body for funeral once completed PM and no further examinations are needed. If released with no inquest then coroner sends form
when does the coroner hold an inquest?
if the cause of death is unknown
if the person died in police custody or prison
if the cause was violent or unnatural
when is the death registered?
after the inquest - coroner will send the relevant paperwork to the registrar
what happens until the death can be registered?
the coroner provides a interim death certificate to prove person is dead and then once completed PM will inform the registrar of what is to be put in register
what is the main role of coroners?
to assess who, when, where and how and ensure that the circumstances are fully, fairly and fearlessly investigated
what are the three divisions of court?
civil, criminal - these are adversarial
coroners - inquisitorial
what are the characteristics of a civil court?
they follow the national framework and parties commence cases. The pleadings define the issues and the judge acts as an umpire and gives the final judgement. The losing party will pay legal costs. There is a right to appeal
what are the characteristics of criminal court?
they follow the national framework to bring prosecution about. There is an indictment and the judge is the umpire but the jury decides on the verdict. The judge will impose the sentence if guilty
what are the characteristics of the coroners court?
the local government organisation gives guidelines and death will trigger involvement. The coroner decides when a body is released, scope of inquiry, witnesses and questioning, conclusion and draws lessons. They establish facts about death. No one is on trial, there is no reward of costs, and no right to appeal except judicial review. The conclusion is in short and a narrative
what is the significance of inquest?
the public and press are entitled to be present, the proceedings are recorded and for formality the evidence is given on oath or affirmation
what can form part of the conclusion?
only matters that caused or contributed to the death
what is the civil standard?
the balance of probability
what is the criminal standard?
beyond reasonable doubt - must be sure
which causes of death are more common for males?
industrial disease, open, suicide, drug or alcohol, RTC
what causes of death are more common for females?
What causes of death are relatively equal for males and females?
what is regulation 28?
a coroner has a duty to make a report if there is a further risk of deaths to prevent future deaths to an organisation or person who has the power to take action
what is unusual about regulation 28?
the person must respond to the report but is not required to take action
what does the coroners and justice act of 2009 state?
that coroners have no power to make recommendations
in the capacity of giving evidence what can witnesses of fact give?
they can tell what they saw or did
what can experts provide?
their opinions on matters within their field of expertise
with regards to conditions a patient may have, when should their death be referred to a coroner?
suicide or self harm and the mental health act, drug overdose