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Inquests

An inquest is a legal inquiry into the medical cause and circumstances of a death. It is held in public - sometimes with a jury - by a coroner (or procurator fiscal in Scotland) in cases where:

• the death was violent or unnatural
• the death took place in prison or police custody, or when
  
• the cause of death is still uncertain after a post-mortem

Coroners hold inquests in these circumstances even if the death occurred abroad and the body is returned to Britain. If a body is missing (usually at sea) a coroner can hold an inquest by order of the Secretary of State if death is likely to have occurred in or near a coroner's area of jurisdiction.

If an inquest is held, the coroner must inform:

• the married or civil partner of the deceased
• the nearest relative (if different from the above) and
• the personal representative (if different from the above)

Relatives can also attend an inquest and ask questions of witnesses - these questions can only be about the medical cause and circumstances of the death. Relatives can also ask a lawyer to represent them, but there is no legal aid available for this.

The inquest should provide more information about how and why the death took place. In some cases, a criminal prosecution may later take place.

Once the inquest has been held the death can be registered and the funeral can take place (although in some cases the coroner may allow the funeral to go ahead before the inquest is over).

Information relating to specific inquests should be available from the relevant coroner's office. Use the link below for further information on inquests and the work of coroners.

• Coroners, post-mortems and inquests (government, citizens and rights section)

• Inquests after a disaster - information from Disaster Action Opens new window

Trials

In most cases, in England and Wales Crown Prosecutors will decide whether to charge a person with a criminal offence. If they decide to prosecute, this will usually result in a trial at court. If a trial takes place, the coroner's inquest may be delayed quite considerably.

The role of the Crown Prosecution Service

The Crown Prosecution Service (CPS) is the government department responsible for determining the charge and prosecuting criminal cases investigated by the police in England and Wales. The CPS is the principal prosecuting authority in England and Wales and is responsible for preparing and presenting cases at court.

The role of the CPS is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so.

The CPS does not represent individual victims of crime; rather, it represents the interests of the public at large. It is therefore the CPS that is usually responsible for the prosecution of individuals in terrorism trials. In such trials, the Crown is usually represented by one or more barristers. Their job is to present the prosecution case and to cross examine the defendants and any defence witnesses.

Use the links below for further details of the criminal justice system in England and Wales and contact details of the CPS.

• Crown Prosecution Service

Procurators fiscal in Scotland

Procurators fiscal are responsible for prosecuting crime in Scotland. They also investigate sudden and suspicious deaths and conduct fatal accident enquiries. They are qualified lawyers who work for the Crown Office and Procurator Fiscal Service. You can find out more about their work by using the link below.

• Crown Office and Procurator Fiscal Service Opens new window

Going to court - the support available

Victim Support is a national charity which helps people affected by crime. The 'Acting as a witness' link below has information on the Witness Service provided by Victim Support at every criminal court in England and Wales. The service helps witnesses who are called to give evidence as well as victims of crime and their families and friends attending court for any reason, including public enquiries. The service can arrange familiarisation visits to court, provide advice about the legal process or just someone to talk to for practical advice and support.

• Acting as a witness (crime, justice and law section)