I’m a witness at the inquest, what does this mean?
Witnesses are people who attend formal court hearings and tell the court anything that they know that is relevant to the hearing. A person will ask you a question and you then answer them, and this process is known as ‘giving evidence’. In most cases, the questions will be based on written statements that you have already made to police. Nothing new will be discussed, but you might be asked to give more details about the events in your statement.
Giving evidence in court can be stressful. The courtroom and building are very formal and may be an unfamiliar environment. The subject matter of an inquest (usually a sudden death) is upsetting. No one expects you to be relaxed and at your best. If you need a minute to have a breath or a glass of water, or if you need a tissue, please say something. It is our role to make the experience of giving evidence as easy for you as we can.
As a witness, you will provide valuable information to help the coroner to make the most accurate and useful findings that they can. Your help is greatly appreciated.
If you are a person with complex communication needs, please contact the coroners’ office for assistance. People with complex communication needs can include people with disability, people whose first language is not English, people under the age of 18 and people suffering from a mental illness.
Before court
- First you will be sent a summons, which is a document that requires you to come to court and ‘give evidence’ on the date and time specified. If someone other than the coroner is calling you to give evidence, then you may be simply asked to attend instead of being sent a summons.
- If you are sent a summons and you cannot come to court on that day, you must contact the coroner’s court as soon as possible to explain - this is because you are legally required to come to court. It is possible for the coroner to issue a warrant for people who are summonsed and do not attend court, and if this happens they can be arrested and taken to court.
- If you are called as a witness, you may be recognised by the court as an ‘interested person’. If you are an interested person, then you may ask a lawyer to represent you in court. If you are not sure whether you are an interested person, you can call the coroner’s court to ask them if you are an interested person, or to make an application to be an interested person.
- If coming to court will cost you money in lost wages or salary, travel or accommodation please contact the coroner’s court who can assist you in making a claim for expenses.
- If you have any special needs attending court or need assistance (such as an interpreter, or use of the ‘hearing loop’ which is a court hearing aid) then please contact the coroner’s court and let them know as soon as possible. All Magistrates Courts in Tasmania are wheelchair accessible.
- You can bring a support person to court with you (they can be a friend, family member or a professional – go to A Guide for Families and Friends: Who can help?).
At court
- You are welcome to wait in the courtroom or outside the courtroom until you are called to give your oral evidence. If you choose to wait outside the courtroom, make sure that the counsel assisting knows that you are there.
- If you have a support person, they can wait with you and then sit in the back of the court while you are giving your evidence.
- You will be called into court by name and directed to the ‘witness box’, where you can sit and give your evidence. It is customary to give a small bow / nod to the coroner when you enter the courtroom.
- You will be asked to take an affirmation or swear an oath on the Bible (the Qur’an and Torah are also available for oaths if the request is made to the court clerk in advance). Both the affirmation and the oath are promises to tell the truth. An oath is religious, where you swear by God to tell the truth. An affirmation is non-religious and you “affirm” that you will tell the truth.
- Your promise to tell the truth is a serious undertaking. It is possible for criminal charges to be laid against you if you are found to have lied in court.
- You will be asked questions about your statement/s by the counsel assisting, the coroner, lawyers and perhaps also by interested persons.
- Answer clearly and without rushing, to the best of your knowledge and memory. The coroner will probably make notes as you talk.
- If you speak to the coroner directly, please refer to them as ‘Your Honour’.
- If you do not know or remember something, it is fine to say you do not know or remember.
- You may have been asked to bring items or documents with you, or to supply them in advance. These items or documents may be shown to you during your evidence so that you can tell the court what they are and answer any questions about them.
- If all your evidence cannot be given in one sitting, you may be asked to return to finish it at a particular time on the same day, or on another day or days.
After court
- Once you have finished giving your evidence, you are allowed to stay in the courtroom and listen to the proceedings if you like.
- You are welcome to leave as soon as you have given your evidence if you prefer.
- Please let the coroner’s court know if you would like to be told when the findings are ready.
- Evidence you give in an inquest cannot be used against you later in a criminal / civil proceeding, except if you are prosecuted for perjury (perjury is lying when you give your evidence, Act s 54).
If you want more information on the risks and possible consequences of giving evidence at an inquest, please seek legal advice. For a list of legal services, please go to A Guide for Families and Friends: Who can help? - Legal help.
How long will this take?
Coronial investigations take months or sometimes years to be finalised. The coroner has to wait for expert reports to be written, medical tests to be conducted and all the evidence to be gathered. The more complex the matter is, the longer the investigation will take and the more likely it is that there will be an inquest. In a case where there is an inquest, witnesses must be arranged, court time has to be allocated and lawyers need time to look at all the evidence.
We understand that waiting is very hard for families and friends, especially when you do not know what happened to your loved one or cannot find out if their death could have been avoided. The coroner will work hard to get answers for you as soon as they are able. The coroner cannot issue any ‘preliminary’ or ‘draft’ reports. They can only hand down their findings once they have had time to consider all the evidence and make sure that everything has been done.
Equity and diversity
The coroner’s court is committed to providing equal access to justice to all members of society. We are committed to providing a service free from discrimination, which respects all people equally regardless of age, sex, sexuality, gender identity, ethnicity, religious belief or any other social or personal attribute. If there is something we can do to help you participate equally in the coronial process, please let us know.
The coroner’s court is a division of the Magistrates Court of Tasmania, which is in turn a part of the Department of Justice of the Tasmanian Government. The Magistrates Court ‘Code of Ethics of the Non-judicial Officers of the Magistrates Court of Tasmania’ covers all our professional conduct and requires impartiality, personal integrity and prohibits harassment (including of a sexual, verbal, physical or psychological nature).
Unable to attend court proceedings?
If you are located interstate, overseas or are otherwise unable to attend court proceedings for reason of your location or medical situation, you may be able to arrange to appear via telephone conference or video link. If this is the case, please contact the coroner’s court and fill out an Audio Link Bookings or Video Link Bookings Form if required. These are available on the Magistrates Court web site, under Forms. There will be a fee involved. All telephone conferences and video links are arranged at the coroner’s discretion.
Witnesses with disability
People with disability have a right to equal access to justice and are entitled to be heard; they should be given every opportunity to speak for themselves. Many people with disability are fully capable and competent in the giving of evidence. A person with disability may give evidence in coronial proceedings as long as they can understand a question about a fact and provide an answer in a format that can be understood.
A person with disability may be assisted to give their evidence in various ways.
These include:
- the use of a professional communication assistant
- the use of a support person (such as a family member or friend)
- the use of appropriate questioning techniques (refer to the link provided below)
- the use of an interpreter (for example, for Auslan)
- establishing ‘ground rules’ for the types of questions that will be asked and the way that questions will be asked and answered
- any other assistance that the coroner believes is necessary.
Case management conferences are an ideal meeting in which to raise any concerns you may have and to ask about options for communication assistance with coroners and their staff. Because the rules of evidence do not apply in coronial proceedings, the coroner’s court is able to be more flexible in accommodating people with diverse needs. If there is something specific which can be done to accommodate the needs of a person, please inform court staff. All reasonable efforts will be made to accommodate requests and to facilitate equality of outcomes.
For more information on this topic, such as questioning techniques to facilitate the giving of evidence by people with disability, please refer to: The Advocates Gateway, The Council of the Inns of Court, Responding to Communication Needs in the Justice System (as at 22 August 2016).
Witnesses with complex communication needs
Many people have complex communication needs, including some people with disability. Other people who may have complex communication needs include children, people whose first language is not English, Aboriginal people and people with a mental illness. Any of the measures listed under ‘witnesses with disability’ can be put in place to assist people with complex communication needs to give their evidence, if appropriate.
The coroner’s court can be flexible with court arrangements and many aspects of proceedings can be adjusted to enable equal access to justice for all people. If your client is a person with complex communication needs and is required to give evidence in court, please contact coroner’s court staff for assistance.
Expert Witness - Code of Conduct
The Coroner may require an external expert to provide an opinion in relation to the investigation. The expert evidence is to provide the Coroner with an objective and impartial assessment of an issue from a witness with specialised knowledge.
The purpose of this Practice Direction is to set out a Code of Conduct which applies to expert witnesses within the Coronial Division - Magistrates Court of Tasmania.
This Practice Direction (Code of Conduct) applies to any expert witness engaged or appointed to provide an expert’s report for use as evidence in a coronial investigation or inquest, or to give opinion evidence in a coronial investigation or inquest.