Giving evidence to the coroner

Join Sophie Cassidy and Lily Grundy as they provide guidance and some key tips on how to give evidence to the coroner if you are called to do so.

Transcript

James Muller: Hello, and welcome to the fifth episode of the Weightmans Safety Season of Podcasts.

James: Today is the second of our podcast covering Inquests, where we are going to be giving some tips on giving evidence. And your speakers today are Lily Grundy and Sophie Cassidy.

James: Please do remember to leave any questions you have in the comments. As in our eighth and final episode, we'll be answering some of your questions from throughout the series. Over to Lily and Sophie.

Sophie Cassidy: Good morning. My name is Sophie Cassidy, and I am a solicitor in the London office at Weightmans, specialising in inquests and police law.

Lily Grundy: Thanks, Sophie. My name is Lily Grundy. I'm also solicitor in the regulatory team here at Weightmans. I'm based in Manchester.

Lily: My practice background is predominantly in criminal defence, and I have experience in cases relating to criminal and regulatory investigations, criminal proceedings, inquests and public inquiries.

Lily: So just to get started in the third podcast of our series, our colleague, and senior partner, David Lewis provided an overview of interests if you fancy giving that a listen.

Lily: But today we're going to focus on top tips for giving evidence as a witness at an inquest.

Lily: Being asked to tend attend an inquiring of evidence can be an entirely alien experience for many witnesses. Some may have never set foot in a courtroom before. So it can very much be the fear of the unknown.

Lily: And it's perfectly normal to have reservations about giving evidence, everyone is always nervous, even the advocates get nervous, maybe the coroner gets nervous. So, I think it's important to bear in mind that as a witness, you're essentially a small piece of a much bigger jigsaw, so you can be reassured that there are likely to be other witnesses who are in the same position as you, and are also feeling nervous about the prospects of giving evidence.

Lily: In our regulatory team, we work with a lot of witnesses from an array of organisations whom we assist in preparing to give evidence. So we thought it might be useful to use today to answer some of the most commonly asked questions, I suppose, about giving evidence as a witness.

Lily: So over to Sophie, if we start with why you might be required to give evidence at an inquest.

Sophie: Sure. So if the coroner believes that you have evidence or information that can assist with the question of how somebody died, then you might be called to give evidence at an inquest. This doesn't mean however that you're on trial or that you're being criticised for your conduct or your involvement.

Sophie: You might receive a formal summons to attend court. And if you do receive a summons, then you're legally required to attend. And you could face a fine of up to £1,000 if you don't.

Sophie: To be honest, even if you don't receive a formal summons, but the coroner has said that they require your attendance, then you still must attend.

Sophie: If you don't attend, it could result in the inquest being delayed and lots of public money being wasted.

Sophie: Even if you are called to attend, you might not be called to give live evidence, or if your evidence is not controversial, you can put it in a statement or a report, and that might be read out, at the inquest by the coroner.

Sophie: It's important to remember that your role is to provide impartial evidence to help the court reach its decision on how the deceased died.

Sophie: So, Lily, how would you recommend preparing to attend court?

Lily: I think it's certainly worth rereading your witness statement or if it's a report that you've prepared, reading that a few times in the days sort of leading up to the inquest just to refresh your memory, really, and make sure all the points that are either in that statement or in that report are fresh in your mind.

Lily: It's likely that a pre inquest meeting has been held with your legal representatives close to the inquest date.

Lily: So they can take you through your evidence, answer any questions that you might have. So, I'd also say don't be afraid to reach out to your legal team with any concerns that you have on the lead up to the inquest.

Lily: In terms of other practical advice, it's basically thinking about things like what do I wear on the day, what do I take with me?

Lily: In terms of what to wear there's no strict rules really, although bear in mind that the family of the deceased will usually be there, so you might think it appropriate to wear something that shows respect to their loss. So we’d usually suggest that you dress smartly, but also in something that you feel comfortable in, and which doesn't make you feel more nervous. So, you know, you don't have to wear a suit if you don't want to, for example.

Lily: In terms of what to take with you, there's really very little that you actually need. I'd take a copy of your statement or you report, that’s always a good idea, maybe a bottle of water or a couple of snacks to get you through the day, but there's nothing else that you should really need.

Lily: Inquests are open to the public. So if you want to bring somebody with you, as support, family member, friend, then then you can bring somebody with you to support you through the day.

Lily: Over to you, Sophie, think it might be helpful for us to touch on what you actually do when you get to court, you know, who do you make yourself known to once you arrive at the building? What are the next steps?

Sophie: Absolutely.

Sophie: Well, firstly, I would recommend arriving at the court in plenty of time so that you don't run the risk of being late.

Sophie: You should make arrangements with your legal representatives in advance, to meet them there. And also when you arrive to the court, it's worth making yourself known to one of the coroner's staff when you arrive.

Sophie: It's also worth noting that when you're waiting for the inquest to begin, many parties involved may be waiting around in the same area.

Sophie: So be aware of conversations that you might be having could be overheard by the other parties.

Sophie: Also, it is really about demonstrating respect for the court, the coroner, the person who has died, and, of course, the bereaved family.

Sophie: In terms of what the court itself is like, the courtroom is much less formal than, say, the Crown Court or what you might see on a TV show. It's designed to be accessible.

Sophie: So neither the coroner nor the lawyers wear robes or wigs And in fact, most of the lawyers and barristers don't stand up when asking their questions. So it's a bit more relaxed.

Sophie: Inquests aren't just held in court houses. They can be held in other public venues. I've been having an inquest in hotel before in a conference room.

Sophie: Also some inquests can be quite short. So if they're only take a day, they might be held remotely on Microsoft Teams.

Sophie: So you can expect the coroner and the lawyers to almost always be very pleasant. It is a sensitive forum, and emotions are likely to be running high. It's not unusual for friends or family of the deceased person to become upset when they hear the evidence or perhaps even making their feelings known if they believe that the evidence being given isn't truthful.

Sophie: And in the courtroom, you'll have the coroner who will sit at the top of the room, various lawyers representing the different interested parties or companies.

Sophie: The family of the deceased will usually be there. They can either represent themselves where they can have representation, and there will be all of the relevant witnesses for that particular day of the inquest.

Sophie: There also might be journalists, and there could be members of the public there as well.

Sophie: So Lily, how do you know when it's going to be your turn to give evidence?

Lily: It's a good question. Sometimes the order of witnesses are set down in advance of the hearing date. So your legal team should receive what we refer to as a witness list or a running order. So you should be given a specific day or perhaps a half day, where you'll be required to attend to give evidence. And it then means because we have the running order you'll also know who the witness before you is.

Lily: Sometimes we don't know until quite last minute. It can be quite tricky to sort of prepare that but I think as long as you're in sort of regular contact with your legal team as soon as they know what that witness list and running order is, they can then communicate that to you.

Lily: You might just be given a day or a period of a few days to turn up, and the coroner will then determine at that stage who goes when so that you might just be told can you, you know, arrive during this slot this time period on these dates. And the coroner will then work with it from there. And unfortunately, it's something that we don't have any control over. So I think it's just being prepared to be a bit more flexible.

Lily: You can sit in the courtroom prior to giving evidence, which I think is always quite an interesting point and maybe what witnesses wouldn't expect. So you don't have to sort of sit outside the courtroom and wait until it's your turn. You can observe the proceedings.

Lily: And when it is your turn, the coroner will call your name and ask you to come to the witness box.

Lily: It's often not the sort of formal witness box that you might have seen on television. It might just simply be a chair and a table. You know, there might be a jug of water on there.

Lily: When you're approaching the witness box, remember to take a copy of your statement with you if you have it. Don't worry if you forget. You know, your lawyer would probably have brought one with them or, you know, we can speak to the court staff and arrange for a copy to be printed so that's not an issue at all.

Lily: So once you're actually in the witness box, what happens next Sophie?

Sophie: Well, I'm sure you will be familiar with the phrase, the truth, the whole truth, and nothing but the truth.

Sophie: So as with any inquiries, you'll be asked to promise to tell the truth, and you'll be given an option of either swearing an oath or on the Bible or any other holy book. You can also make a non-religious affirmation.

Sophie: So both are equally valid, and it's an entirely personal matter for you. But I would recommend thinking about which one you would prefer, prior to giving your evidence so that when the coroner's officer does ask you, you're prepared.

Sophie: And then in terms of being asked questions. So the coroner usually goes first, well, always goes first. This is called the examination of the witness.

Sophie: So it's important to note that telling lies when giving evidence that an inquest can amount to perjury, contempt of court, or even perverting the course of justice, these are serious matters and could lead to a heavy sanction, which could include a fine or even imprisonment.

Sophie: So the upshot: just tell the truth.

Sophie: Secondly, then the coroner will ask the majority of the questions. How they ask the questions is completely up to them, but usually they'll start by asking you to confirm your name, provide details of your employment and your experience within your role before moving on, and then they'll cover your involvement with the deceased on how you were involved in perhaps the deceased death or the circumstances surrounding their death.

Sophie: Sometimes the coroner might read parts of your statement and ask you to confirm them as true. And sometimes they might just ask you short specific questions. Although their coroners prefer to ask quite open questions such as tell me what happened.

Sophie: Once the coroner has finished asking questions, then the other lawyers can ask questions on behalf of the Interested Parties.

Sophie: And you should treat those questions in the same way that you treated questions from the coroner. Usually, the family or their lawyer will ask questions first.

Sophie: And if the family has a lawyer, this will usually be simple enough. Often when the family doesn't have a lawyer, they ask the questions directly themselves and the coroner might need to step in to provide guidance if they think that a certain question hasn't been appropriate or fair to the witness.

Sophie: Once the family has finished asking questions, then the lawyers for the other IPs can ask questions next.

Sophie: So they might not ask you questions if your evidence isn't relevant to their witness.

Sophie: But sometimes they might ask you a tough question or appear to be harsh in tone. This would most likely be the family advocate.

Sophie: Just remember that's their job. Don't take it personally.

Sophie: Try and stay composed answer the question as best you can without getting frustrated or flustered and take your time.

Sophie: Finally, once the coroner, the family, and the other lawyers have asked their questions, the barrister instructed on behalf of you can get to ask you the questions.

Sophie: So, if we were representing you, we would ask you questions if we thought something required further clarification.

Sophie: This provides a safety net and should be a bit of comfort to you that we can mop up anything at the end of your evidence, if anything needs to be clarified.

Sophie: So once you have completed your evidence, you'll be released and you're able to leave. If you do leave, try to do so quietly, but also some witnesses like to stay for the rest of the day and hear the rest of the evidence given that day.

Sophie: So, that is completely up to you. And next we'll move back to Lily, and she's got some top tips for us in giving evidence.

Lily: Thanks, Sophie. I feel like this is quite a tricky one to put together because there's so much information, that we can we can feed to witnesses. So it's just sort of condensing it down to sort of some top tips that you can keep it at the forefront.

Lily: I think a really important one is thinking about how you're going to deliver your responses to the coroner. So speaking clearly, using short sentences, trying not to sort of over elaborate and talk around things too much. So very much keeping things to the point and just listening to the question carefully and answering it directly.

Lily:  And also explaining any technical terms that you may have to use particularly if you put a report together, there may very well be technical terms in there that the layperson wouldn't necessarily understand. So I think it can be can be helpful to explain those, and the coroner might invite you to do that in any event.

Lily: I think it's also remembering that you're not there to provide all of the answers that the inquest requires. It's you you're just there to provide your own account, and there will be other witnesses who give other evidence to help to piece that jigsaw together as we mentioned at the beginning.

Lily: So further to that, you should only talk about matters that you actually have first hand knowledge on. So, you know, not passing on any hearsay or things you only know about because you've been told them by others.

Lily: Really the coroner doesn't need you to tell them what Joe Bloggs told you about an incident. If the coroner wants to hear what Joe Bloggs has say about an incident, then they will call them as a witness. So, it's very much just passing on what you have first time knowledge of.

Lily: Also, I think if you don't know the answer to a question or understand a question, then just say. I think for a witness, it can sometimes be scary to think, oh, I didn't really want to hold my hands up and say, oh, I'm not sure I understand that, but it's absolutely fine to do that.

Lily: Giving evidence, it's not a memory test.

Lily: Inquests can often happen some considerable time after the actual incident as well. So don't worry if you need to either refer back to your statement because you can't remember something or you need to raise it with the coroner that you don't understand the question.

Lily: And if you genuinely don't remember something, then don't be afraid to say so.

Lily: It might be that you hear another witness say something that doesn't correspond with your recollection of the events, but you should just still give your evidence as you remember it. Don't change your answers to fit in with, with another witness's evidence.

Lily: Your duty first and foremost is to give your evidence to the court and it doesn't extend beyond that.

Lily: I think an interesting one is remember you're giving in evidence to the coroner. So it might feel a little bit strange because there's a lot of people in the courtroom and you might kind of sit there thinking, oh, I'm not really sure who to address my responses to. But because you're giving evidence to the coroner, face them when you are answering a question and provide your response directly to them.

Lily: If you're asked a difficult question, and believe me that there can be some tricky questions that come out of the woodwork and whether that's by the coroner or by another advocate.

Lily: Try not to lose your patience with the questioner. It can be tricky, especially when you already feel like you're under pressure.

Lily: It's just trying to sort of stay calm and collected and just providing your answer as best as you can.

Lily: And don’t be afraid to give the same answer multiple times. If you think that that's the best answer to the question, just provide that answer again. Again, you can only speak to your own evidence.

Lily: Finally, I think a good one to finish with is remember to take as much time as you need, to answer each question.

Lily: It's absolutely fine to pause for as long as necessary, you know, don't feel worried that you might be pausing for five, ten, fifteen seconds, that's absolutely fine.

Lily: You want to make sure that you're providing the answer as best as you possibly can do. So, breathe and take your time. I think would be the best advice to give, Sophie.

Sophie: Absolutely. Thank you, Lily. That was really, really helpful.

Sophie: And hopefully you enjoyed that. I'd like to remind you that if you have any questions for Lily or myself, in the final episode of the series, there's an opportunity to ask questions or also feel free to email us, and hopefully we can help you. Thank you.

Lily: Thanks.

James: Well, thank you for that, Lily and Sophie, and thank you all for listening to Weightmans Safety Season of podcasts. The next podcast will be on hitting where it hurts, sentencing health and safety cases, So make sure not to miss that available from 4 March.