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Disclosure of information 0bligation on coroner to disclose?

Neither the Coroners Act 1988, the Coroners Rules 1984 nor any other legislation imposes a duty upon coroners, prior to an inquest, to disclose to bereaved families or indeed other parties, the statements and other documents that they recieve from investigation bodies.

However, it is clear from case law that in considering whether or not to disclose coroners must take into account:

common law principles of 'fairness'
application of the Human Rights Act

However, it is important to recongise that even if the coroner wants to disclose material provided by the investigation bodies, the material itself remains the property of the investigating body (or the body commissioning the investigation). It is therefore necessary for the coroner, before disclosure to obtain their consent - whether it be the HSE or a police force or both.

In relation to deaths resulting from police activities, the Home Office has published guidelines which require investigating police forces to consent to such disclosure. To read about this, click here.

 

 

 

 

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Page last updated on December 13, 2004