The deceased had committed suicide in his prison cell. Prison officers were charged with manslaughter by gross neglect, but they were discharged. The applicant sought now to challenge the refusal of the coroner to allow to be called to give evidence a psychiatrist who had provided a report to the family’s solicitors. The coroner felt that he already had sufficient medical evidence from a psychiatrist in the Prison Service, and that the expert witness sought to be called had insufficient experience of work in prisons. The family said that the coroner required somebody independent.
Held: It was not for the court to say what witnesses should be called by the coroner, but it was necessary that the coroner shoud have available evidence independent of the prisons service, to comply with his article 2 duties, and also that he should in this case have evidence from a GP.
Judges:
Foskett J
Citations:
[2008] EWHC 966 (Admin)
Links:
Statutes:
European Convention on Human Rights 2
Jurisdiction:
England and Wales
Citing:
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – 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
Updated: 27 November 2022; Ref: scu.267578