A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he should have been kept on suicide watch. The coroner had not left the issue of neglect to the jury, but the jury had passed a note to him to say they wished to find neglect by the Prison Service. The family asked the coroner to append the note to his verdict. He refused. In each case the family challenged the decision, and the Home Secretary now appealed the resulting decisions.
Held: Though no explicit duty to investigate a death existed, under Human Rights law such a duty had developed. The court had to consider how such a duty applied in individual cases. The Jordan requirements were not set in stone. The enquiry into the one death had been adequate. As to the coroner’s verdict, there was no existing power to make a free standing verdict of neglect. Did that infringe the family’s rights? It was more important to identify defects in the system than to make findings of individual neglect. The Coroners Rules must be read so as to fit Human Rights law, and rule 42 should be read so as only to prevent findings of individual neglect. Coroners’ proceedings should not become adversarial. The state may have an adjectival duty under ECHR Article 2 in a case which did not involve an allegation of an intentional killing.
Judges:
Lord Woolf, Lord Chief Justice, Lord Justice Laws and Lord Justice Dyson
Citations:
Times 18-Apr-2002, Gazette 10-May-2002, [2002] EWCA Civ 390, [2003] QB 581
Links:
Statutes:
Coroners Rules 1984 (1984 No 552) 42, European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Applied – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Stephen Jordan v The United Kingdom (1) ECHR 14-Mar-2000
A commanding officer had decided that a soldier should be held in custody pending trial. The soldier complained that since the same commanding officer would later be involved in the preparation of the case against him, that decision was tainted and . .
Cited – Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson CA 27-Apr-1994
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, . .
Appealed to – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Appeal from – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset Admn 14-Dec-2001
The deceased had committed suicide whilst in prison. It was argued that the prison should have recognised that he was a suicide risk, and acted accordingly. The coroner had requested a note from the jury as to the cause of death. The court . .
Appealed to – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Cited by:
Cited – Khan, Regina (on the Application of) v HM Coroner for West Hertfordshire and Another Admn 7-Mar-2002
The deceased died in police custody. The coroner refused to leave to the jury possible verdicts of unlawful killing, or death contributed to by neglect, or breach of his right to life. He adjourned the hearing to allow this challenge.
Held: . .
Cited – Khan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
Appeal from – Amin, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Oct-2003
Prisoner’s death – need for full public enquiry
The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death.
Held: There had been a . .
Appeal from – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Appeal from – Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
Lists of cited by and citing cases may be incomplete.
Coroners, Prisons, Human Rights
Updated: 06 June 2022; Ref: scu.170038
