FAQs - Inquest into the death of Private James Collinson

Whether and when there will be an Inquest into the death of Private James Collinson, at Deepcut Army Barracks, Surrey

1. Will there be an Inquest?

Yes. Under S.8 (1) of the Coroners Act 1988 (“…that there is a body lying within his district and he has reason to suspect that the deceased has died a violent or unnatural death…”) the coroner is required to hold an inquest whether the death occurred in his district or not.

2. When will it be held?

The inquest into the death of Private James Collinson will be resumed by Mr Michael Burgess, as Coroner of Surrey, sitting with a jury, at 9.30 am on 20 February 2006 at Epsom Magistrates Court, Ashley Road, Epsom KT18 5AQ.

3. What will be the purpose of the Inquest?

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:

- who the deceased was

- when and where the death occurred

- how the cause of death arose

In addressing the question “How”:

a. the medical cause of death i.e. the post-mortem and similar medical evidence.
b. The direct circumstances in which the medical cause arose i.e. the events leading to the death
c. The various forensic examinations and what may be concluded from these.
d. The broader context in which the circumstances arose -

i. the general nature of the Deepcut base
ii. The supervision of young recruits
iii. Access to Lethal Weapons
iv. Armed sentries - their training and instructions

The inquest will not be addressing:

a. How others at Deepcut or elsewhere have died
b.The security threat
c. Post-incident procedures (whether Army, police or other)
d.Family and victim support after an incident
e. Save as may arise in the course of paras 2(b) and 2(c)(i)and(ii) above, bullying and other discipline issues in the Army.

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”.

4. Will there be a jury?

The law does require the coroner to sit with a jury in a limited number of circumstances, e.g. deaths at the hands of the police, in custody etc. Ultimately the coroner will decide this.

5. Who may participate?

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.

6. Who can be called to give evidence?

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 whom to call to give evidence.

7. Can witnesses be compelled to attend or provide evidence?

Yes, if they are in England and Wales and formally summoned. Failure to attend may result in a fine and, in the case of repeated failure to do so, possible imprisonment. All evidence is given under oath.

If witnesses are abroad it is doubtful that they can be compelled to attend.

8. Can documents be used?

The rules of procedure do enable the coroner to accept evidence in the form of documents if, e.g., they are unlikely to be disputed.

9. Where will the Inquest be held?

The inquest will be held at Epsom Magistrates Court, Ashley Road, Epsom KT18 5AQ.

10. Will the media have access?

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.

11. Why does an Inquest for Private James Collinson come under the jurisdiction of Surrey CC?

Michael Burgess is the Coroner for Surrey and therefore responsible for the inquest.

12. How much will the Inquest cost?

Until the scope of the Inquest 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.

13. Who is Michael Burgess?

Mr Michael Burgess qualified as a solicitor in 1970 and was in general legal practice in Surrey. He was first appointed a deputy coroner in Surrey in 1979, before being appointed whole-time as coroner in Surrey in 1986, a position he still holds.

He was appointed Deputy Coroner of The Queen’s Household in 1991 and, upon the retirement of Dr John Burton in 2002, was appointed Coroner of The Queen’s Household.

He was Hon Secretary of the Coroner’s Society of England and Wales from 1991 until October 2003 during which time he researched and wrote the Society’s Practice Notes for Coroners. He is also a regular lecturer and contributor to the Home Office training programme for coroners and co-editor of Jervis on “The Office and Duties of Coroners” as well as Halsbury’s Laws of England on Coroners.

14. Why does the coroner hold meetings prior to the Inquest?

The coroner is expected to be a "pro-active" and, as such, has to make arrangements, give directions and assess the progress of pre-inquest inquiries with many different people concerned and involved in cases. Meeting with those who may be involved in some capacity or other is a quite usual way for matters to be addressed and there is nothing exceptional or unusual in such meetings taking place. The inquest hearings, though, will be in public.

15. What is the usual procedure at an inquest?

There is no rigid structure required for running inquests. However, the case will be announced and usually the coroner may then explain the process and purpose of the hearing, identifying the witnesses to be called and any evidence which he proposes should be in the form of documents (without the document author attending in person).

The witnesses will then be invited to the witness box in turn and asked questions by the coroner (and then by those who have recognised interests) concerning those matters that are within their knowledge or experience.

The inquest will normally consider medical evidence (e.g., post-mortem reports, and possibly the reports from other doctors who treated the deceased) as well as reports and statements from those who attended as investigators (e.g., the police).

At the end of the evidence, the coroner will sum up the evidence. If there is a jury, then the jury will be given directions for reaching their conclusion of verdict. If there is no jury, the coroner will announce his findings and conclusions.

There are no speeches allowed.

16. Can the coroner order that a body be exhumed?

The coroner does have authority to order that a body be exhumed if 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.