Does there have to be an inquest into the death of Diana Princess of Wales?
Why? Why is it taking so long?
What will be the purpose of the inquest?
Will the inquest cover the deaths of both Diana, Princess of Wales and Dodi Al Fayed, or will they be treated separately?
Are there different rules for members of the Royal Family?
Who can be called to give evidence? Could this include Mr. Burrell....Mr. Al Fayed?
Can witnesses be compelled to attend or provide evidence?
Are there different rules when the death is abroad?
Where will the inquest be held?
Why does an inquest for the Princess of Wales come under the jurisdiction of Surrey CC?
How much will the inquest cost - £1 million has been bandied about by the media?
Why does the coroner hold meetings prior to the inquest?
What is the usual procedure of an inquest?
Can the Coroner order that a body be exhumed?
Q1. Does there have to be an inquest into the death of Diana Princess of Wales?
A2. The Inquest on both Diana, Princess of Wales and Dodi al Fayed was opened on Tuesday 6th January 2004. No date has yet been set for continuing this inquest.
Q3. Why? Why is it taking so long?
A3. Firstly and obviously, the Coroner needs to take account of the findings of the investigations and proceedings in France. Some of these matters are still before the French courts. The proceedings in France have been protracted because of the complexity of the case and issues raised as well as by subsequent appeals.
The Coroner has been unable to initiate the Inquest because the French authorities have not been able to allow the coroner in England to use any papers until the French proceedings have been completed. (Within a very short time of the death, initial contact had been made with the relevant French authorities seeking access to the results of their inquiries and those contacts continue.)
The latest information received from France is that there are connected proceedings listed for 9 January 2004. Even then, this may not necessarily conclude issues.
Secondly, when those papers are released to him, the coroner will then need to review them and consider whether any further investigations need to be undertaken on the Coroner's behalf before the inquest can be heard. We understand that the papers amount to more than 6, 000 pages, which will take some time to assimilate.
Thirdly, the coroner will also have to consider whether there is any other possible source of evidence or line of inquiry which may be relevant and needs to be addressed.
A4. Coroners are independent judicial officers who work within a legal framework established by Act of Parliament. A coroner's inquest is a long-established, tried and tested process for investigating the factual circumstances of a death. It is a limited fact-finding inquiry to establish the answers to:
The proceedings and evidence are aimed solely at ascertaining the answers to these questions. Expressions of opinion on any other matter - for example, on who might be to blame - are not allowed. However, the Coroner does have the power to investigate not just the main cause of death, but also "any acts or omissions which directly led to the cause of death".
Q5. Will the Inquest cover the deaths of both Diana, Princess of Wales, and Dodi Al Fayed, or will they be treated separately?
Q7. Are there different rules for members of the Royal Family?
A8. The rules of procedure set out those who are entitled to attend and be represented at an inquest. These include the parents, spouse and children of the person who died as well as others who may have an interest in the death (e.g., the executors, any person whose actions or omissions may have caused or contributed to the death and the police)
The coroner normally advises those with recognised interests of proposed inquest arrangements and, when possible, tries to take due account of any views expressed to him. In these cases, he is in regular touch with family members or representatives.
Q9. Who can be called to give evidence? Could this include Mr. Burrell...Mr. Al Fayed?
A9. The coroner is solely responsible for identifying the witnesses to be heard. He will try to include those people who can provide material and relevant evidence to help him to establish the facts he requires. Until the Coroner is in a position to initiate the inquest, he is not able to decide who to call to give evidence.
Q11. Are there different rules when the death is abroad?
Q11 No, the inquest process makes no distinction between those cases where the death is in England or Wales and when it occurred abroad and there may be practical difficulties, as in this case, in obtaining the evidence from witnesses if they are abroad.
Inevitably, the coroner has to rely on any investigation carried out by the foreign police or judicial process, supplemented by any evidence obtainable from witnesses who may be available in England and Wales.
This does take time and even in simple cases, the delay can be expected
to be years rather than months.
A12. The rules of procedure do enable the coroner to accept evidence in the form of documents if, for example, they are unlikely to be disputed.
Q13. Where will the Inquest be held?
Q14. Will the media have access?
A14. Yes. The rules of procedure require that inquests be held in public and arrangements will be made to enable the media to report the case fully.
Q15. Why does an Inquest for the Princess of Wales come under the jurisdiction of Surrey CC?
A15. It doesn't. The inquest into the death of Diana, Princess of Wales is under the jurisdiction of the Coroner of The Queen's Household. The present holder of that office is Michael Burgess who is also Coroner for Surrey. It is as Coroner for Surrey that he also has jurisdiction in the case of the late Dodi Al Fayed whose body was brought to Surrey and buried on 31 st August 1997.
Q16. How much will the Inquest cost - £1 million has been bandied about by the media?
A16. Until the scope of the Inquest and the venue and necessary arrangements have been decided, it is not possible to say. The Surrey County Council is required by Act of Parliament to pay the costs and expenses of the Surrey Coroner. Similarly, the costs and expenses of the Coroner of The Queen's Household fall to be paid by that household.
No figure has been set aside and the figure of £1 million is entirely speculative. The key point is that the Coroner has a duty in law to carry out and it will be the steps he needs to take to achieve this that will determine the costs - not the other way round.
Q17. Why does the coroner hold meetings prior to the inquest?
Q18. What is the usual procedure of an inquest?
Q19. Can the Coroner order that a body be exhumed?
A19. The coroner does have authority to order that a body be exhumed is he believes that this is necessary in order to hold an inquest on that body or that there is some serious criminal allegation requiring access to the body.