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: Coroners should be cautious of such adjournments. The jury would now deliver any verdict after a four month delay. The deceased had been involved in a struggle in the station, and lost consciousness, but had not been put in the recovery position for some time. Neglect in coroners’ cases meant failing to take an opportunity to avoid a death. However there was no evidence to support any conclusion that a relationship of causation existed to support a verdict of neglect.
Judges:
Mr Justice Richards
Citations:
[2002] EWHC 302 (Admin)
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Inner London South District Coroner Ex Parte Douglas-Williams CA 30-Jul-1998
A coroner had the right not to leave all possible verdicts to a jury, even including one possibly supported by the evidence, where the overwhelming evidence pointed one way, and possible confusion of jury might be caused by leaving all verdicts to . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
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, . .
Cited – Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire CA 27-Mar-2002
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 . .
Cited – Regina (on the Application of Jean Marshall) v Her Majesty’s Coroner for Coventry Admn 22-Oct-2001
The applicant sought judicial review of the verdict of the coroner’s jury that a death had been accidental. The deceased, a schizophrenic died of an overdose of crack cocaine, whilst in police custody. His family sought a verdict of accidental death . .
Cited – Nicholls v Coroner for City of Liverpool Admn 8-Nov-2001
As the deceased was arrested he swallowed something. He was examined by a doctor and denied that he had swallowed drugs, but his condition deteriorated and he died at hospital. The coroner refused to admit the evidence of a professor who was highly . .
Cited – Regina (Dawson) v HM Coroner for East Riding and Kingston upon Hull Admn 2001
. .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights
Updated: 05 June 2022; Ref: scu.168731
