Inquest: an inquiry held in public

If a Coroner considers the cause of death may be due to unnatural causes, they can hold an inquest in public, sometimes with a jury. Evidence will be gathered from witnesses.

At the end of an inquest, the Coroner will read out a formal verdict to record:

• the identity of the deceased
• how the death happened
• when the death happened

The Coroner or jury may make a recommendation to help prevent similar deaths in the future. They do not decide whose fault the death was or if there was a criminal offence.

The length of time it can take for an inquest depends on a number of factors such as:

• timing of a post mortem and completion of post mortem report
• results of any toxicology tests
• public health considerations related to COVID-19 and other matters

This is where a Coroner may open the inquest and find it necessary to pause it until a later date.

Inquests can be paused if there is an ongoing investigation by the Gardaí or if a criminal prosecution in relation to the death has started. Investigations and any resulting criminal proceedings must be completed before the inquest proceeds. Adjournments can also occur if there are any ongoing investigations being carried out by other statutory bodies, for example: The Garda Ombudsman, the Air Accident Investigation Unit.

Gardaí may meet the family of the deceased in the hospital or call to their homes to ask the family for details about the deceased. This does not mean the death is suspicious. The Gardaí are usually assisting the Coroner in finding out the identity of the deceased. Gardaí try to find out where, how and when the person's death occurred and the circumstances of their death.

The Pathologist will perform a post mortem examination when they are directed to by the Coroner.

If next-of-kin have information which may be helpful at the inquest, they should communicate this to the Coroner (or Gardaí) as soon as possible. The family of the deceased and any other interested parties will be informed about the details of the inquest once it is confirmed.

You may need to attend court if the Coroner decides to hold an inquest. The Coroner’s Court is open to the public and members of the press.

The family of the deceased does not need legal representation but if a legal action is being taken as a result of the death, the family may decide to get legal representation to attend the inquest.

The family of the deceased may be greeted by the Court Registrar or the investigating Garda before the inquest begins. Legal representatives and members of the media may also be present. Great care is taken to ensure that inquests are not too intrusive for families. A useful website is PressOmbudsman.ie.

The Coroner will explain the process before the inquest begins and will usually give an opportunity to anyone who wants to leave the Court and return after the evidence of the post mortem exam.

The process of an inquest is described below:

• the Coroner opens the inquest
• witnesses are called to give evidence and are sworn in
• witness evidence is read by the Court Registrar
• the witness is asked to confirm the evidence and sign the deposition
• the Coroner may ask the witness questions
• other interested parties such as the family may then ask the witness questions
• if witnesses are not present, their evidence may be read in by agreement
• the Coroner makes findings and returns a Verdict

The Coroner decides who can ask questions at an inquest. Generally, anyone who is a properly interested person can examine a witness or choose to be legally represented by a barrister or solicitor.

Properly interested persons include:

• next-of-kin of the deceased
• personal representatives of the deceased
• representatives of a board or authority in whose care the deceased was at the time of death (for example: hospital, prison or other institution)
• driver of a motor vehicle involved in a fatal collision
• representatives of insurance companies

If the death resulted from an accident at work a properly interested person includes:

• representatives of trade unions
• employer of the deceased
• Inspector of the Health and Safety Authority

The range of verdicts open to a Coroner or jury include:

• accidental death
• misadventure
• suicide
• open verdict
• natural causes (if found at inquest)
• unlawful killing (in certain circumstances)

Special requirements for attendees at an inquest

If you are attending court and you need translation services, a sign language interpreter, or have other special requirements you can contact the relevant Coroner’s office at least 14 days ahead of the inquest date so that arrangements can be made to assist you. All Coroners Courts are wheelchair accessible.

In some Coroner’s Districts certain inquests can be held based only on documents. This decision is made by the Coroner. The relevant coroners office will contact you if this is the case.

This type of inquest means that you are not required to attend Court and the Coroner will not call any witnesses to give evidence at the inquest.

Instead, statements outlining the facts surrounding the death will be read in Court and the Coroner will make findings and record a verdict. You may receive copies of any documents read and will be notified when the death certificate is available.

In some Coroner’s Districts and in certain circumstances, a virtual (remote) hearing may be held if the facilities are available.

At a virtual inquest hearing members of the family and any witnesses join and participate in the inquest using an online video conferencing service.

No people will appear in Court other than the coroner, the investigating Garda and staff. The hearing is similar to in-person hearings in all other respects.

If your inquest is being held virtually the relevant Coroner’s office will contact you with detailed instructions in advance of the hearing date.

The Irish Human Rights and Equality Commission has produced a set of guidelines for families when navigating the law, standards and procedures that apply at an inquest.

Learn more about the rights of families at an inquest.

Once the Coroner has completed the inquiry, interested persons can apply for copies of relevant documents. The Coroner decides if documents can be released before an inquiry has been completed. Applications can be made by contacting the relevant Coroner. A fee may apply in some cases.

Coroner’s retain records of all cases that took place during their time in the job. They transfer the files to the County Registrar when they leave their job. If you are requesting a file from the time before or after a Coroner took up their post, you should contact the County Registrar.

COVID-19 is regarded as a natural cause of death so an inquest is not needed. In rare cases an inquest may be held if the Coroner thinks it is necessary. Each death will be considered by the Coroner on a case by case basis.