Why are coroners hearing evidence remotely?
To ensure that inquests are not indefinitely delayed as a result of the current pandemic.
Will anyone be in court?
The coroner will be in court and the press can attend. The family, the coroner's officer, and potentially some, or all, of the advocates may be present in court. However, witnesses may give evidence remotely. The family and advocates may also attend remotely. If attending in person, social distancing and hand hygiene must be respected at all times.
How long will this go on for?
It is not yet known. Further guidance will be issued regarding the safe resumption of full inquests, including inquests with a jury, in due course. It may be that giving evidence remotely will become more common.
What software will I need to use?
You should check this with the coroner's court. Some courts are using Microsoft Teams and others are using Zoom. If Microsoft Teams is to be used, you must download the Microsoft Teams app and have this installed on your device. The web version will only allow you to observe, not participate. You should check access via these remote platforms in good time prior to the hearing to ensure there are no technical difficulties on the day. The coroner's officer at the court can assist you, or seek support via your organisation.
How do I join the inquest on the day?
The coroner's officer or your organisation/representative will give you instructions. If you do not receive an invitation prior to the hearing, you must call the coroner's office to request this.
Can the public and/or members of the press still access a hearing?
Open justice requires that the public are able to access a hearing; this includes members of the press. Coroners must be physically in the courtroom, so it may be that access to the public can be facilitated by allowing people into the courtroom to hear proceedings. Due to the pandemic, reasonable access is likely to be limited due to the need for the environment to be compliant with health and safety measures. Coroners' may, at their discretion, allow for members of the public or press to have remote access.
Will I be able to test the software before the hearing?
You should arrange a practice call with one of the coroner's officers to test the software, whether this is Microsoft Teams or Zoom. This can be easily arranged by calling the coroner's office who appreciate that some witnesses may require a test run. You may also be able to test the software within your organisation and/or with your representative.
What documentation will I be allowed to have?
You should, at the very least, ensure that you have your statement to hand. The coroner will probably prepare an essential electronic bundle for all interested persons, and this should be available to you when you are giving evidence. You must make sure that the medical records that you may need to refer to are included in this bundle. If you have not received a bundle, or the medical records are missing, it is important that you contact the coroner's office to obtain a copy prior to the hearing. If you wish to refer to additional documentation, you must inform the coroner as the coroner may wish to see this, and it could be shared with other interested persons.
Will I be on video or audio only?
Coroner's courts may use audio only to reduce the impact on the network. However, all courts will be different and some may ask witnesses to appear on video.
Should I mute my microphone when giving evidence?
While giving evidence, you should mute your microphone when you are not speaking to avoid any interference. When the coroner is asking you to respond, he or she will give you a moment, as they will be aware you may be on mute, or that there may be a delay in the connection. If you are observing the inquest prior to or following your evidence, you must ensure that your microphone is muted.
What other prompts or features can I use?
Specific courts may utilise other features of the application or visual prompts during the hearing to help avoid interrupting one another.
What should I wear?
You must dress appropriately for court as you would if you were attending to give evidence in person.
What practical arrangements should be made before I give evidence?
Arrangements should be made for you to give evidence from a private meeting room within your organisation. Your organisation will dedicate a private meeting room for this purpose if possible. It will be important to ensure that the room is well lit and that no confidential information is on display, in the event you or any other witness using the room is required to appear via video. Alternatively, you should use the blurred or alternative background video feature. If a designated meeting room is not available, make other people aware of the space that you are using to avoid interruptions.
While this should be avoided if possible, if you are giving evidence from home, please make sure that you are in a quiet space with minimal or no background noise and that there can be no interruptions. While your evidence will most likely be audio only, you should still ensure that you have an appropriate background in the event that video is also required. Again, as an alternative, a blurred or alternative background can be used.
What if I lose connection?
You must make sure that your device is fully charged or plugged in to prevent a loss of power. You should also prepare a template email in advance of the hearing, so that this can be sent to the court immediately in the event of any loss of connection. The inquest will resume once connection has been restored. If your connection cannot be restored, contact the coroner's office immediately to explain the situation. It may be that arrangements can be made for you to continue with your evidence on the phone. Do not worry if this happens; the coroners are well aware of the technical challenges posed and understand that there may be slight delays in progressing the inquest.
Can I have someone with me?
You must be alone unless you have permission otherwise.
When should I be ready?
You must make sure that you are ready at least 15 minutes before the hearing and have all of your required documents ready and accessible.
How do I take the oath?
Witnesses should 'affirm' using the correct wording (this will be read to you for you to repeat). Alternatively, if you wish to take the oath, you must have your own holy book with you and inform the coroner's officer in advance of which oath you wish to take.
Other important rules to note
Recording/photographs
You must not intentionally or inadvertently photograph, livestream, broadcast or record proceedings. This would amount to a contempt of court. Witnesses will be given an appropriate warning at the start of any proceedings, or at the start of their evidence.
Mobile phones
Witnesses should ensure that their mobile phone is switch ed off, along with any other electrical devices, while they are giving evidence.
Eating and drinking
Witnesses should refrain from eating, chewing, or smoking (including the use of e-cigarettes). Witnesses will be allowed to have a clear glass of water if this is required.
Help from other people
Witnesses are not allowed to confer with anyone while they are giving evidence and, other than referring to their statement or their electronic bundle, must not use their computer or phone to help them answer questions, as such would amount to contempt of court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
