Active complaints, Civil or criminal proceedings
Active complaints
In some cases, a family may have made a separate complaint about their relative’s death but the Coroner will treat the complaint as a separate matter from the inquest. We do not need to wait for it to be resolved before going ahead with the Coronial inquest but you may wish to send copies of any correspondence to the Coroner as it can give a fuller picture.
Civil proceedings
If you are bringing a civil claim, for example following an accident, or asbestos exposure, the civil proceedings will usually wait for the Coronial inquest to be concluded. They are independent processes, but the outcome of the inquest can have a bearing on a civil case. If you are legally represented for your claim, the same lawyers may be involved in the inquest so you should speak with them about this.
Criminal proceedings
Should there be criminal proceedings against a person or people who may have caused a death, the inquest will be put on hold until the criminal case is resolved. This is because the inquest verdict needs to be compatible with what was found by the criminal courts.
If someone is found guilty of murder, manslaughter or causing death by dangerous driving following a trial, the Coronial inquest will be closed with an automatic conclusion of unlawful killing as there is no need to hold a further hearing because all the evidence has already been examined in open court.
When someone is found not guilty it may not be necessary to hold a Coronial inquest because all the evidence has already been fully explored, however if this is not the case then the Coroner has a duty to do so.
If the case is referred to the Crown Prosecution Service and the decision is made not to charge anyone in connection with the death, or if no-one can be found to be charged, an inquest will be opened.