Coroner's Officer

What is the role of the Coroner’s Officer?

Coroner’s Officers work under the direction of the Coroner and liaise with bereaved families, the emergency services, government agencies, doctors, hospitals and funeral directors.

The Report on the Provision of Coroner’s Officers (2002) published by the Home Office attempted to categorise some of the various tasks and roles performed by Coroner’s Officers. These were defined as:

• Forensic investigator
• Medical investigator
• Administrator
• Family liaison
• Statement taker & evidence gatherer
• Public relations manager
• Court usher

The Isle of Man has one dedicated Coroner’s Officer who is a Police Officer, currently Constable John Collings.

Who are Coroners?

The office of Coroner is very ancient and dates back to William the Conqueror.

Coroners are independent judicial officers who must follow laws that apply to Coroners and Inquests. By law, in the Isle of Man the High Bailiff is always the Coroner.

What do Coroners do?

Coroners inquire into deaths reported to them that appear to be of a violent, unnatural, sudden or unknown cause. The Coroner will seek to establish the medical cause of death.

Natural deaths

If a person dies of an expected illness and a Registered Medical Practitioner has seen them during their last illness and within twenty eight days of the death, that doctor can issue a Medical Cause of Death certificate. Under these circumstances there is no involvement of the Coroner’s Office.

Are all deaths reported to the Coroner?

No, in most cases, a GP or hospital doctor can certify the medical cause of death and issue the Medical Cause of Death Certificate. The death can then be registered with the Registrar of Births and Deaths. The Registrar may refer deaths to the Coroner if the cause shown is unacceptable or requires further inquiries.

Which deaths need to be referred to the Coroner?

Where the cause of death is unknown or cannot be ascertained, and all deaths of an unnatural or violent nature, or other suspicious circumstances. The Coroner will seek to establish the medical cause of death by post-mortem examination.

What is a Post-mortem examination?

A post-mortem examination is a medical examination of a body carried out by a pathologist appointed by the Coroner. The Coroner will give notice of the need for an examination to the parties unless this is not practicable or would unduly delay the examination. The consent of the next-of-kin is not required for a Coroner’s post-mortem; however the next-of-kin are entitled to be represented at the examination by a doctor of their choice.

Post-mortem report

This report gives details of the examination of the body. It may also give details of any laboratory tests carried out.

If the cause of death remains unknown or it is determined to be as the result of a violent or unnatural cause, then a formal Inquest will be opened.

The Coroner will thoroughly investigate the death, obtaining statements from all parties with any useful information. Frequently the police will also assist in the investigation, particularly if there are suspicious circumstances surrounding the death.

Medical Records

Medical records remain confidential after death. Coroners are entitled to request medical information that is relevant and necessary to their inquiries.

Bodies brought into the jurisdiction from abroad

If a body is repatriated to this country, it is generally accepted that the Coroner within whose jurisdiction the body will finally lay, must be notified. The Coroner will then investigate as to whether an Inquest is necessary.

Bodies to be taken out of the Island

The Coroner must be given written notice of any body being taken out of the Isle of Man. The Coroner will issue an Out of Isle of Man order when he is satisfied as to the result of enquiries ordered by him.

When can the funeral be held?

If the post-mortem determined the cause of death to be natural, the Coroner will release the body and issue a form to the Registrar's office, notifying them that the death can be registered. The Registrar will issue a Burial Order. However, if there is to be a cremation, the Coroner will issue a Cremation Certificate.

If there is to be an Inquest, the Coroner will issue either the Burial Order or a Cremation certificate. If charges have been brought against somebody for causing the death, it may be necessary to have a second post-mortem or further investigations, and the release of the body and the funeral arrangements may be delayed.

Issue of the Death Certificate

If the death was due to natural causes the Registrar will issue a Death Certificate. If there is to be an Inquest the Coroner may issue an Interim Certificate, which is a statement of fact as to the death (this will assist in the administration of the deceased’s estate). When the Inquest is completed, the Coroner will notify the Registrar as to his findings and a Death Certificate can then be obtained.

What is an Inquest?

An Inquest is usually opened primarily to record that a death has occurred and to identify the deceased. It will then be adjourned until any police enquires and the Coroner’s investigations are completed. Once all the information has been collected, a full inquest hearing will be held. (Note:- in some circumstances the Inquest will not merely be opened and adjourned but will proceed to its conclusion at one hearing). The Inquest is a factual inquiry to determine:

• Who has died
• When and where the death occurred
• How that person came by their death

An Inquest is not a trial, and the Coroner does not apportion blame.

Attendance at an Inquest

When the Coroner’s investigations are complete, a date for the (resumed) Inquest is set and the people entitled to be notified will be told. Inquests are open to the public and members of the press are usually present.

Witnesses called to give evidence

Coroners decide who should give evidence as a witness. Anyone who believes they may help, can offer to give evidence, or anyone who believes a particular witness should be called, can inform the Coroner, in advance, in writing. Witnesses can be compelled to attend only when they reside on the Isle of Man.

Questioning of witnesses

The Coroner will first question witnesses and there may be further questions by ‘properly interested persons’ or their legal representatives. Questions must be relevant to the purpose of the Inquest. Persons with a ‘proper interest’ include:-

• Parent, child, spouse, partner or legal personal representatives of the deceased
• People who may have a responsibility for the death
• A beneficiary from an Insurance policy relating to the deceased
• Representatives of any relevant insurance company
• A representative of any relevant trade union (if the death arose in connection with the person’s employment or was due to industrial disease)
• Certain Inspectors or representatives of an enforcing authority or persons appointed by a Government department
• The Chief Officer of Police (by an advocate)
• Any other person, who, in the opinion of the Coroner, is a ‘properly interested person’

Inquests with a Jury

The Inquest will be heard before a jury if the death occurs in prison or whilst in police custody or as a result or an injury caused by a police officer in the “performance of his duty” or if the Coroner in any other case so determines. In Jury Inquests, the Coroner directs the jury on matters of law and the jury decides the appropriate verdict.

Verdicts

Inquests do not determine blame and the verdict must not identify someone as having any criminal or civil liability. Possible verdicts include: natural causes, accident or misadventure, suicide, unlawful or lawful killing, industrial disease, and open verdicts (where there is insufficient evidence for any other verdict).

The Coroner may also report the death to any appropriate person or authority, if action is required to prevent more deaths, in similar circumstances.

What can you do if you are dissatisfied with the outcome of an Inquest?

It may be possible to challenge Coroner’s decisions or verdicts, but the grounds for doing so are complicated and needs explanation by a lawyer with expertise in this area of law.

Treasure Trove

The Coroner also has jurisdiction to decide whether any gold or silver object(s) found in the Isle of Man (and whose owner cannot be ascertained) amount to Treasure Trove or not.