면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Coroners & Inquests
House of Lords
2004

R (Middleton) v West Somerset Coroner

[2004] UKHL 10

판결 이유

Where Article 2 ECHR is engaged (deaths in state custody or involving state responsibility), an inquest must examine not just how (by what means) the deceased died, but in what circumstances, including the broader question of systemic failings.

사실관계

A prisoner committed suicide in prison. The coroner directed the jury that they could only investigate 'how' (by what means) the death occurred, not the broader circumstances.

판결 요약

The House of Lords held that in Article 2 cases, 'how' must be interpreted as 'by what means and in what circumstances'. The jury could return a narrative verdict addressing systemic failings.

주요 인용문

"The word 'how' in section 11(5)(b)(ii) must be interpreted as meaning not simply 'by what means' but 'by what means and in what circumstances'."

Lord Bingham

후속 처리

Leading Authority

Established the 'Middleton inquest' for Article 2 cases.