Dulcie Middleton, 86, who died in September 2001, three months after she was admitted for rehabilitation following a stroke. 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. A body returned from abroad will usually be dealt with by the Coroner in the jurisdiction where the body is to be buried or cremated. 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 Coroner will invite 'properly interested parties' and/or legal representatives to these hearings for the opportunity to make representations to the coroner, where required. The coroner has to provide evidence to the Secretary of State that a death has actually occurred; it is not sufficient for there to be a 'suspicion' of death, upon the disappearance of an individual (for example, a leg washed ashore would not be sufficient to amount to a suspicion of death; however if a rib case or skull were to be found in the same circumstances, there is a stronger case of certainty of death). in defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; in action lawfully taken for the purpose of quelling a riot or insurrection.'. The BBC is not responsible for the content of external sites. 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. Four new inquests will be held into the deaths of patients who died at a hospital that is being investigated over the care of hundreds of patients. At the hearing, it was agreed by the Judge and the CPS that the Coroner was not a compellable witness following the rule in Warren v Warren [1997 QB 488-498], and the witness summons was discharged. In R (on the application of Christine Hurst) v HM Coroner for Northern District of London [2003] EWHC 1721 Admin the deceased was killed by a man known to be violent and potentially mentally ill, and was someone he had given evidence against in eviction proceedings. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. SE, Leesburg, VA 20175 WebLoudoun County Government Mailing Address: P.O. ", Ms Holden intervened to say: "At no point on 1 July did Gavin find out what I knew. A post mortem examination may be carried out by a pathologist if the Coroner decides that this is necessary. The deceased's GP may be able to issue a medical cause of death certificate (MCCD), subject to approval from the Coroner. However, where a decision is taken not to proceed with a prosecution following a verdict of an unlawful killing prosecutors should continue to provide a clear explanation for that decision. 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. read more, Conference Day and AGM 2023 The Hampshire Genealogical Society is pleased to announce that their Conference Day and AGM 2023 will be held at The Millennium Memorial Hall, Littleton, Winchester, SO22 6QL on Saturday 17th June 2023. The Coroner may also have to prove the body has been destroyed or lies in a place from where it cannot be recovered as well as meeting the criteria required for an inquest. Domestic Homicide Reviews (DHRs) (introduced by section 9 of the Domestic Violence Crime and Victims Act 2004, in April 2011) are multi-agency reviews undertaken following a domestic violence related homicide. Copies of all responses will be sent to the Lord Chancellor, who may publish the response or a summary of it, unless the Coroner has exercised his/her power to request a restriction to the publication to the Chief Coroner (under paragraph 29(10) of the Coroners (Investigations) Regulations 2013). Area Coroner - Rosamund RHODES-KEMP, Assistant Coroner - Simon BURGE [xv] A narrative conclusion may also (but does not have to) include factual findings on matters which are possible but 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. On the same day, she said she found paperwork in a drawer which indicated he had a third son, conceived before they met, who she had not known about. Coroners will not normally use neglect or self-neglect to form any part of their conclusion, unless a clear and direct causal link is established between the conduct described, and the cause of death. Coroner's can issue two types of summonses: requiring attendance to give oral evidence, and requiring attendance to produce documents. The Coroner's duty to hold an inquest is contained in section 6 of the Coroners and Justice Act 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. 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. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. 14 Order 2013 commences the provisions of section 43 [Coroners (Investigations) Regulations 2013] and section 45 [Coroners (Inquests) Rules 2013] of the Coroners and Justice Act 2009. of 197. Prosecutors may need to explain the stages of the Full Code Test in detail to reassure the Coroner that thorough considerations have been made. Inquests are legal inquiries into the cause and circumstances of a death, and are limited, fact-finding inquiries; a Coroner will consider both oral and written evidence during the course of an inquest. Section 10 of the Work Related Deaths Protocol also states that where the criminal proceedings have been finalised, other regulatory proceedings may take place. Directions Advertisement. government's services and Send your story ideas to south.newsonline@bbc.co.uk. The Hampshire coroner will investigate the deaths of Dulcie Middleton, Horace Smith, Eva Page and Clifford Houghton at Gosport War Memorial Hospital. Why Alex Murdaugh was spared the death penalty, Why Trudeau is facing calls for a public inquiry, The shocking legacy of the Dutch 'Hunger Winter'. Civil proceedings may also be instituted by the bereaved family in these circumstances; it is essential prosecutors inform their line management chain in order to facilitate the best response from the CPS. The coroner can discharge this function under Rule 28 in two scenarios: Scenarios where there have been no previous police or CPS involvement are rare, but do occasionally arise. 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. Read about our approach to external linking. A copy of [], The Hampshire Genealogical Society requires your help. PO1 2AJ, where the person died in prison, police custody or state detention. The role will require you attend 6 Executive Committee meetings and currently 3 Development Forum meetings. She has previously said she was doing her best in an inadequately resourced part of the health service. 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. After the post mortem, the coroner opened a case and decided an inquest was required. Section 11 of the Contempt of Court Act 1981 provides that in any case where a court allows a name or other matter to be withheld from the public in proceedings before the court, the court may give directions prohibiting the publication of that name in connection with the proceedings. Once sworn in, a witness may refuse to answer any questions put to them on the grounds of self-incrimination (Rule 22 - Coroners (Inquests) Rules 2013. 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. Message from HM Acting Senior Coroner for the City of Brighton & Hove Although the Government has eased most coronavirus restrictions, a number of measures will still be in place at Woodvale Coroners Court to ensure the At conservative gathering, Trump is still the favourite. Prosecutors should note a Coroner can continue with an inquest if notified by the CPS that adjournment is unnecessary. 2023 BBC. The Coroner has the discretion to resume an inquest (or not) following the conclusion of criminal proceedings (see paragraph 7 of Schedule 1 of the Coroners and Justice Act 2009); there will sometimes be a resumption of an inquest, despite a suspect being convicted of one of the offences listed in paragraph 1(6) of Schedule 1 of the Coroners and Justice Act 2009. more than speculative) but not probable causes of death. 01264 364433. Inquests will, in most cases, remain adjourned whilst criminal proceedings are being considered. 01425 652110. Coroners most commonly seek a legal explanation of a CPS charging decision made or question its premise, and as a result ask to see a copy of the MG3. VideoRussian minister laughed at for Ukraine war claims, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. VideoRussian minister laughed at for Ukraine war claims, The children left behind in Cuba's mass exodus, Xi Jinping's power grab - and why it matters, Snow, Fire and Lights: Photos of the Week. InMaughan, R (on the application of)v Her Majesty's Senior Coroner for Oxfordshire [2020] UKSC 46 (13 November 2020) the Supreme Court clarified that the standard of proof for suicide and unlawful killing in an inquest is the civil standard of the balance of probabilities and not the criminal standard of beyond reasonable doubt. Assistant Coroner - Darren STEWART The CPS will notify the coroner where his or her investigation can run in parallel with the criminal proceedings. Prosecutors should use their discretion to determine the case information they disclose, but should note that information to be disclosed only needs to be relevant to the Coroner's inquest parameters; there is no requirement to disclose any specific information in statute governing the coroners' conduct. A prosecutor cannot consider charges from the material received directly from the coroner, but should consult the police who will consider whether an investigation is required. The Coroner will provide further details of the procedures which follow. 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. Assistant Coroner - Hannah GODFREY the particulars (if any) required by the Births Deaths and Registrations Act 1953 to be registered concerning the death. There are around 98 Coroners in England and Wales covering approximately 109 coroner areas (Coroners and Justice Act 2009 [Coroner Areas and Assistant Coroners] Transitional Order 2013), which loosely mirror the boundaries established by local authority districts. Call FREEPHONE 0800 1404544 for FREE and Specialist Initial Phone Advice. Examples of [] read more, Reports of coroners inquests appear in local newspapers and are a great resource for your Hampshire family history research. 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. 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. Ms Jones said she would like to see a Hillsborough-style inquest that would examine all of the deaths together and be held before a judge and jury, rather than a coroner. The best remaining source is from local newspaper reports though not every inquest and verdict was reported. 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. cases where the suspect has not been found by police; cases where no charges are made, the inquest is held but unexpected evidence is given that obliges the coroner to adjourn and notify the CPS; cases where the CPS consider the matter but does not consider that the evidence is sufficient to support a charge of unlawful killing/homicide; cases where a death appear not to be suspicious at first, but evidence subsequently is found to give grounds for suspicion of homicide. "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.". Where the coroner insists that a prosecutor needs to comply with the summons request, a prosecutor should consider applying to have the summons set aside formally. This legal guidance provides prosecutors with information about Coroners and their responsibilities. Coroners will also hold inquests where the death may have occurred abroad and the body is repatriated, and will usually take place in the jurisdiction where the deceased lived before their travel. WebOutside of the Hampshire Sheriffs Office, Patrick has been an adjunct faculty member of Westfield State University in the Criminal Justice Program since 2006. These recommendations will usually be made by a Coroner under Prevent Future Deaths (PFD) Reports as defined by paragraphs 28 and 29 of the Coroners (Investigations) Regulations 2013. All new appointments of Coroners (of whichever rank) will be of lawyers only. Clifford Houghton, 71 who died after he was admitted to the hospital in February 1994 for a period of respite. 1 Schedule 1 CJA 2009). Term usedin a coroners verdictto explain an unexplained death Hampshire inquests The Hampshire coroners records were all destroyed which means that no official records exist. 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. This may merit further discussion between the CPS and the coroner in individual cases. Russian minister laughed at for Ukraine war claims. There is a common duty upon all citizens to give information which will inform a Coroner of circumstances for when an inquest should be held. Mr Briggs' body was found in his car in Whitehall Road two days later. The report is for the Coroner only. Under Rule 25(4), the Coroner has a statutory obligation to notify the DPP (CPS) the inquest has been adjourned. There is no obligation for a prosecutor to attend these hearings, unless there is a business need to do so.

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