Q&As

How can a warrant for failure to comply with a witness summons to attend an inquest be challenged?

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Published on LexisPSL on 27/07/2017

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How can a warrant for failure to comply with a witness summons to attend an inquest be challenged?
  • Powers of the coroner
  • Witness summons
  • Setting aside a witness summons—Rule 34.3(4)

Powers of the coroner

The power to compel a witness is now contained under paragraph 1 of Schedule 5 to the Coroners and Justice Act 2009 (CJA 2009) gives a coroner power to summon witnesses and to compel the production of evidence for the purposes of an investigation (paragraph 1(2)) or an inquest (paragraph 1(1)) by way of written notice:

‘Schedule 5

Power to require evidence to be given or produced

1

(1) A senior coroner may by notice require a person to attend at a time and place stated in the notice and—

(a) to give evidence at an inquest,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to an inquest, or

(c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to an inquest.

(2) A senior coroner who is conducting an investigation under this Part may by notice require a person, within such period as the senior coroner thinks reasonable—

(a) to provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,

(b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation,

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