Attending the Coroner s Court as a witness and how to give evidence

Transcription

1 briefing July 2017 Attending the Crner s Curt as a witness and hw t give evidence Intrductin... 1 Cmmn cncerns f witnesses... 2 The inquest prcess... 2 Preparing fr the inquest... 3 Yur evidence... 3 Refresh yur memry... 3 Plan ahead... 3 On the day... 3 Giving yur evidence... 4 The rder f events... 4 Answering questins... 4 Tp-ten tips... 5 Intrductin Being invlved in the unexpected death f a patient may be ne f the mst difficult prfessinal situatins yu will face. Yu will have t deal with an event at bth a persnal and prfessinal level that is likely t have caused yu and yur clleagues great distress and shck. Yu may well have already gne thrugh an internal investigatin in sme frm much nearer the events. Inquests shuld be held within 6 mnths f the death (r at the mst 12 mnths). This can feel like a lng time after the death and yu will be required t replay events that yu may well wish t put behind yu. This guidance is intended t explain sme aspects f the inquest prcess t yu and give yu sme practical advice fr giving yur evidence in curt. It is nrmal t have fears r cncerns abut giving evidence at an inquest even when there is n questin whatsever that yur prfessinal actins were crrect and n ne is likely t be critical f yur invlvement in the events. It is hped that knwing mre abut what is t happen at the inquest will reduce yur anxiety levels, give yu mre cnfidence abut yur rle at curt and enable yu t give the family and friends as full an accunt as pssible f the events that have led t the death f their relative and lved ne. 1

2 Cmmn cncerns f witnesses Nt understanding what will be expected f yu Nt understanding the legal prcess Cncern that thers will blame yu Fear f being blamed by the rganisatin Feeling prfessinally inadequate Feeling guilty that the patient died Fear that yu will nt be able t speak in the witness bx Feeling that yu will nt explain yurself prperly when giving evidence Fear f being crss-examined harshly Cncerns abut seeing the family in curt Nt knwing whether r nt t speak t the family Cncern that yur clinical recrds are inadequate r d nt shw all that ccurred Cncern abut press reprting Fear f being made t lk incmpetent Fear f anther unexpected death The inquest prcess The inquest is an inquiry t establish wh the deceased was, when they died, where they died and hw they came by their death. Hw can include the cause f death and the immediate events and circumstances that led t the death. On ccasins, but nly rarely, the inquest can als include an investigatin int the wider circumstances including systems and prcedures which may have cntributed t the death. Yu are likely t be briefed befre yu give evidence as t the extent f the investigatin and what questins may be permitted. There are n parties r sides at an inquest it is an inquiry nt a trial. All witnesses are cnsidered the crner s witnesses. Witnesses usually sit thrughut the whle hearing. The crner is in charge f the rder in which evidence is given by the witnesses althugh nrmally he will call the witnesses in chrnlgical rder fllwing the pathlgist. Evidence is given n ath. Yu will be asked t swear n a hly bk r affirm that yu will tell the truth and yu can chse either ptin. 2

3 Preparing fr the inquest Yur evidence Yu may have already prvided a statement t the crner r t an internal inquiry. Yur witness statement(s) will have already been prvided t the crner, the family and any ther interested persns. These statements are an utline f yur evidence t assist the curt; they act as a guide fr the crner. They are an aide memir fr yu. Hwever, yur evidence is what yu say rally n ath in the witness bx. We have prepared crprate guidance n preparing a witness statement fr an inquest. Yu shuld refer t the nursing r clinical ntes which yu made when preparing yur statement and cnsidering yur evidence. Refresh yur memry Befre attending the hearing it is advisable t refresh yur memry f events frm yur witness statement and frm the clinical recrds. Make sure yu have cpies f any witness statements yu have made. In the Crner's Curt (as ppsed t ther curts) it is permissible fr yu t have yur statement with yu when yu give evidence. Indeed the crner may ask yu t read yur statement ut. The clinical recrds shuld be available t yu in the Crner's Curt in rder t refresh yur memry r t deal with particular questins. Yu shuld check the medical recrds will be available in the curt. It is yur respnsibility (if yu are relying upn the ntes) t make sure they are available. If in dubt cntact the trust s legal services. It is ften a gd idea t read thrugh the recrds befre yu g t curt s yu are familiar with them. Plan ahead Plan what t wear it is a frmal ccasin s yu shuld dress smartly. A gd rule f thumb is t wear what yu wuld cnsider as apprpriate attire fr a jb interview. Unifrms and scrubs are best avided! Ensure yu knw where the Crner s Curt is and have checked travel and parking arrangements. On the day Allw extra travel and parking time. Yu might want t meet clleagues fr a cffee befre curt t settle yur nerves and feel supprted. When yu get t curt, tell the Crner s Officer wh yu are and which inquest yu are attending. Remember t maintain a prfessinal demeanur bth utside and inside the curt rm nerves can make yu laugh and smile inapprpriately. Expect t cme int cntact with the family. 3

4 Expect the press t be present it is a public curt. Deaths in lcal hspitals and care rganisatins are ften reprted in lcal newspapers even where there are n criticisms. Be careful that the press d nt verhear any cnversatin yu have with thers. The inquest will be recrded any micrphnes yu see will be fr this purpse and nt fr amplificatin s please ensure that yu speak up. The inquest is a public hearing and witnesses are usually permitted t sit in curt and watch the prceedings shuld they wish t d s. Yu may generally enter and leave the curt rm at any time and shuld d s as quietly as pssible. Ideally, yu shuld wait fr a break in the prceedings. Switch ff yur mbile phne! Giving yur evidence The rder f events Yu will usually be asked t cnfirm wh yu are, yur name and ccupatin. The crner usually starts by asking questins f the witness. These usually fllw the witness statement(s) yu have prvided. He may ask yu t read ut yur statement and then add additinal questins subsequently. The family (r their lawyer) will usually be given an pprtunity t ask yu questins next, fllwed by ther "interested persns" if there are any present at the hearing. Nrmally the yur slicitr (if present) will have an pprtunity t ask questins at the end. After yu have given evidence, yu may usually leave curt unless the crner says therwise. It is pssible fr yu t ask the crner if yu may be released and allwed t leave. In mst cases the crner will agree. Hwever, yu d nt have t g if yu wuld prefer t hear the evidence given by ther witnesses. It is best t wait until the next break in prceedings befre exiting the curt rm. At the end f the inquest, the crner (r jury if there is ne) will cme t a factual cnclusin abut when, where and hw the deceased died. The cnclusin will nt determine there was a criminal act n the part f a named persn nr may it decide matters f negligence. In practice the cnclusin cannt blame identified individuals. The inquest prcess is an imprtant pprtunity fr the family t learn as much as they can abut hw their relative died, frm thse wh were invlved in events. Answering questins Taking the ath. It s a pint f gd practice t acknwledge the relatins if they are present nce yu have taken the ath. It shws that yu have sme empathy with them and that yu lk sincere and genuine (which yu will be). Make sure yu listen carefully t the questins yu are asked. If yu d nt catch the questin, ask fr it t be repeated. Yu shuld cnsider yur answer very carefully and d nt "blurt ut" the first thing that cmes t mind. Especially if the questin seems easy! Wait and cnsider yur answer, if necessary refer t the statement 4

5 r t recrds. If yu like, yu can always ask the lawyer t repeat the questin it can buy yu sme time. If yu ask smene t repeat the questin then that individual will tend t think that yu dn't understand and may well re-phrase the questin which will give yu thinking time. Answer the questin yu are asked and nthing mre. D nt answer the questin yu think yu were asked r the ne yu wuld like t have been asked, r the ne yu think yu will be asked next. Beware f pauses. When yu have finished yur questin if there is a pause and the lawyer des nt ask anther questin, d nt be tempted t fill the silence. It is a technique f advcates t remain silent when a witness has finished answering a questin. This is a way f embarrassing the witness int giving ut further infrmatin. N ne likes silences and therefre yu might feel bliged t fill the silence by prffering further infrmatin. Avid that temptatin at all csts. D nt vlunteer infrmatin nce yu have finished yur answer, pause and lk at the advcate if necessary. Be plite and wait fr them t ask the next questin. D nt venture an pinin unless yu are asked fr it. Hwever if apprpriate it is nt unreasnable t give an pinin within yur area f expertise r experience. D nt be tempted t cmment n the prvisin f a service and t criticise yur clleagues r the NHS. If yu are asked t cmment r t deal with an area which is nt within the scpe f yur expertise then say s and decline t answer. D nt guess r make assumptins abut what thers did r might have dne stick t what yu knw frm yur wn experience. The hearing is nt an exam r memry test! If yu need t lk smething up in the clinical recrds r in yur statement d s. If yu d nt knw the answer say s. If yu have frgtten smething that is written in yur statement, just say yu have frgtten the detail and ask if yu may refer t yur earlier statement. Remember that the purpse f the inquest is t determine the name f the individual, when and where they met their death and hw (and smetimes, in what circumstances) they met their death. Whilst it may be apprpriate fr yu t cmment upn hw smene met their death (withut criticising the care and treatment, diagnsis etc), it is nt apprpriate fr yu t be asked questins which wuld either directly r indirectly attribute blame r fault t any system r individual. If such questins are asked then it may be apprpriate fr yur slicitr r indeed fr the crner t interrupt and prevent inapprpriate questins. Als remember that the family, crner and jury (if there is ne) may have little experience f health and care systems, culture and practice. Think f it as being yur task t explain t the family what yu knw abut what happened s they understand mre abut the circumstances in which their relative died. Tp-ten tips 1 Prepare adequately re-familiarise yurself with yur statement, the clinical recrds and any ther relevant dcuments e.g. prtcls, plicies. 2 Decide befrehand whether yu wish t swear an ath r affirm. 5

6 3 The crner is referred t as sir r ma am. 4 Address all answers t the crner and jury, if there is ne. 5 If yu d nt understand a questin, say s. 6 If family members ask questins in a cnfrntatinal manner d nt becme defensive answer the questin as fully and simply as pssible. Be plite and understanding. 7 If yu have any cmments n hearing ther witnesses evidence, pass these n t the legal representative. 8 Acknwledge the family at the inquest the inquest experience is very stressful and upsetting fr them t! 9 If yur evidence is likely t be cmplex r difficult t explain, cnsider the use f prps e.g. diagrams. 10 D nt frget t claim yur expenses frm the Curt Officer fllwing the inquest. This ranges frm travel expense t a fixed amunt fr prviding a reprt. Mills & Reeve n-line inquest supprt Yu will find this guidance and a lt mre infrmatin and guidance dcuments n ur free n-line supprt page available t all health & care prviders and staff. There is als a set f vides with tp tips n what t d and thers tell their stries f wh they gt thrugh the prcess. All designed t make it a little bit easier fr yu. Fllw the link r type in: Cntacts Feel free t cntact ur inquest specialists as any time: Stuart Knwles, Cnsultant. Tel: stuart.knwles@mills-reeve.cm Jill Masn, Partner. Tel: jill.masn@mills-reeve.cm Duncan Astill, Partner. Tel: duncan.astill@mills-reeve.cm Recent Feedback I m mst grateful fr yur supprt during the Inquest. It was utstanding. Peter Wright. Executive Directr Frensic Services, Nttinghamshire Healthcare NHS Fundatin Trust I feel genuinely privileged t knw that yu are n ur team and ffer my heartfelt thanks Dr Stephen Merrn, Cnsultant Anaesthetist, University Hspital Nrth Midlands NHS Trust 6

7 Stuart Knwles Cnsultant, healthcare and regulatry law Key experience Advising n inquiries/inquests since 1988 Frmer Assistant Crner Frmer BBC jurnalist (a) T +44(0) Mills & Reeve LLP is a limited liability partnership authrised and regulated by the Slicitrs Regulatin Authrity and registered in England and Wales with registered number OC Its registered ffice is at Mnument Place, 24 Mnument Street, Lndn, EC3R 8AJ, which is the Lndn ffice f Mills & Reeve LLP. A list f members may be inspected at any f the LLP's ffices. The term "partner" is used t refer t a member f Mills & Reeve LLP. The cntents f this dcument are cpyright Mills & Reeve LLP. All rights reserved. This dcument cntains general advice and cmments nly and therefre specific legal advice shuld be taken befre reliance is placed upn it in any particular circumstances. Where hyperlinks are prvided t third party websites, Mills & Reeve LLP is nt respnsible fr the cntent f such sites. Mills & Reeve LLP will prcess yur persnal data fr its business and marketing activities fairly and lawfully in accrdance with prfessinal standards and the Data Prtectin Act If yu d nt wish t receive any marketing cmmunicatins frm Mills & Reeve LLP, please cntact Suzannah Armstrng n r suzannah.armstrng@mills-reeve.cm 7