Coroners Court
Coroners Court
The Coroners Court of Queensland is the court responsible for dealing with deaths that are investigated under Queensland’s coronial system. It investigates reportable deaths to establish who the person was, when and where they died, how they died and the medical cause of death.
It is a real court. The Coroners Court is established as a court of record under the Coroners Act 2003. It is constituted by a coroner, and only the Coroners Court has jurisdiction to hold an inquest in Queensland.
The court is not only about inquests. Most coronial investigations do not proceed to an inquest. A Coronial Investigation begins when a reportable death is reported to the coroner. The coroner controls and coordinates the investigation, which may involve police investigation, medical examination, autopsy or other testing before the death is finalised.
An inquest is a court hearing. Where an Inquest is held, the coroner hears evidence about the death and its circumstances. An inquest is not a criminal trial and there is no jury. Its purpose is to establish what happened rather than determine whether someone is guilty of an offence or civilly liable.
Not every death requires an inquest. Very few coronial investigations proceed to an inquest. An inquest is mandatory for certain deaths, including particular deaths in custody and deaths resulting from police operations, while a coroner may also order one where it is considered appropriate or in the public interest.
The court can make recommendations. Following an investigation, the coroner makes findings about the identity of the deceased, when, where and how they died and the medical cause of death. Where an inquest is held, the coroner may also make recommendations concerning public health and safety, the administration of justice or ways of preventing similar deaths in the future.
The deceased may be released before the investigation is finished. A person does not necessarily remain in the coronial system until the entire investigation has been completed. Where the necessary medical examination and identification have occurred, the person may be released for burial or cremation while the wider investigation continues.
The family may be involved in the process. The Coroners Court provides information and support to families throughout a coronial investigation. A nominated family member may receive written notification that the death is being investigated and updates from a case manager. Depending on the circumstances, family members may also be witnesses or participate in an inquest.
Where the court sits. Queensland has four coronial regions, with coroners located at Queensland Courts locations. An inquest is usually held in the Magistrates Court closest to where the death occurred, although the Coroners Court itself may be held at any place.
Coroner and Coroners Court are not the same thing. A Coroner is the judicial officer who investigates a reportable death. The Coroners Court is the court through which the coroner exercises their jurisdiction. A Coronial Investigation is the investigation itself.
For families and funeral service providers, the Coroners Court is therefore the part of the Queensland court system responsible for investigating certain deaths and, where required, conducting an inquest into the circumstances of a death.