검시관 및 사인조사
사망 조사 법적 프레임워크, 검시관 의무 및 심문 절차.
소개
Coroners investigate deaths that are violent, unnatural, of unknown cause, or occur in state custody. The inquest is a fact-finding inquiry — not a trial — to establish who died, when, where, and how. The Coroners and Justice Act 2009 provides the modern statutory framework. Where the state may bear responsibility for a death (e.g., deaths in custody, police shootings), Article 2 ECHR requires an enhanced investigation (a 'Middleton' inquest) that examines the broader circumstances.
핵심 원칙
Duty to Investigate — A coroner must investigate a death if there is reason to suspect it was violent, unnatural, of unknown cause, or occurred in custody/state detention.
Inquest Purpose — The inquest determines who died, when, where, and how (and in what circumstances for Article 2 cases). It does not determine criminal or civil liability.
Jury Inquests — A jury must be summoned where the death occurred in custody, was caused by a police officer in the execution of duty, or was caused by a notifiable accident.
Article 2 Enhanced Investigation — Where the state may have contributed to the death, the coroner must conduct a broader 'Middleton' inquiry examining the circumstances and any systemic failures.
Interested Persons — Family members, government bodies, and others with a proper interest may participate in the inquest, ask questions, and receive disclosure.
Prevention of Future Deaths (PFD) Reports — Where evidence reveals a risk of future deaths, the coroner must issue a PFD report to the relevant person or organisation, who must respond within 56 days.
Conclusions — The coroner or jury records a conclusion (formerly 'verdict'): lawful killing, unlawful killing, suicide, accident/misadventure, natural causes, open, or a narrative conclusion.
No Blame — An inquest conclusion must not be framed so as to appear to determine criminal liability on the part of a named person.
핵심 법령
Coroners and Justice Act 2009
주요 판례
R (Middleton) v West Somerset Coroner
[2004] UKHL 10
일반적인 시나리오
Death in police custody
The coroner must hold an inquest with a jury. An Article 2 enhanced investigation is required because the death occurred in state custody. The inquest will examine the broader circumstances, including whether proper procedures were followed and whether anything could have prevented the death.
Hospital death where care is questioned
If a death in hospital is reported to the coroner and there is reason to suspect it was unnatural (e.g., a missed diagnosis), the coroner may open an inquest. The family, as interested persons, can participate and ask questions of medical witnesses.