Coroners and Human Rights
Since McCann v United Kingdom (1996) 21 EHRR 97, it is clear that human rights have a role to play in coroners’ law; see Jervis, Chap 21. But the role is intensified now that the UK has enacted the Human Rights Act 1998, which came into force on 2 October 2000. Human rights resources have become even more important, and particularly the database of the European Court of Human Rights (this database includes the text of McCann, referred to above). There are limited references to the impact of the ECHR on inquests in Starmer, European Human Rights Law, 1999, paras 14.14-14.18, 16.7.
A number of English cases have now had to deal with the Convention rights in the context of inquests. They include R (Wright) v Home Secretary (2001) 62 BMLR 16, R (Mumford) v Reading Coroner, 29 October 2002, Rafferty J, R (Stanley) v Inner North London Coroner, 29 April 2003, Silber J, R (Amin) v Home Secretary [2003] UKHL 51, and R (Davies) v Birmingham Deputy Coroner [2003] EWCA Civ 1739, CA.
But the most significant to date are two recent House of Lords cases, R (Middleton) v West Somerset Coroner [2004] UKHL 10, and R (Sacker) v West Yorkshire Coroner [2004] UHKL 11. In addition, a third House of Lords case, this time from Northern Ireland, Re McKerr [2004] UKHL 12, has drawn a clear line between deaths occurring before the coming into force of the Human Rights Act 1998 and those occurring after.
Other recent English cases include R (Khan) v Health Secretary [2003] EWCA Civ 1129, Re Hemsworth(No 2) [2004] NIQB 26, and R (Challender) v Legal Services Commission [2004] EWHC 925 (Admin).
At the same time there are also relevant recent ECtHR cases, such as Jordan v UK (2002) 11 BHRC 1, McKerr v UK (2002) 34 EHRR 553, Menson v United Kingdom, 6 May 2003, and McGlinchey v UK (Appln No 50390/99), Glass v UK, application no 61827/00, judgment 9 March 2004, Vo v France, application no 53924/00, 8 July 2004, all available from the ECtHR database.
In R (Metropolitan Police Commissioner) v South London Coroner, unreported, 30 June 2003, a case of judicial review following an inquest into a death by hanging in a police cell, Davis J held that the coroner had been right to reject leaving to the jury a conclusion that the deceased died as a result of the violation of his right to life, contrary to Article 2 of the ECHR. He considered it surprising that a coroner's jury could ever be invited to consider so arcane and quasi-legal a verdict.
In Northern Ireland the Northern Ireland Human Rights Commission may provide assistance to individuals there who apply to them in relation to proceedings in the course of which they wish to rely on the law or practice relating to the protection of human rights (see the Northern Ireland Act 1998, ss 69(5)(a), 70), and the Commission has applied this power to seek to intervene in the context of inquests, a practice which was upheld recently by the House of Lords: see In re Northern Ireland Human Rights Comission [2002] UKHL 25.
In R (Burke) v General Medical Council, The Times, 6 August 2004, Munby J held that the GMC's published guidance, "Withholding and withdrawing life-prolonging treatments: Good practice in decision-making", available on the GMC's website, was in part incompatible with the ECHR Arts 2, 3 and 8. The GMC has sought permission to appeal.
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Last modified: Monday, 09-Aug-2004 08:53:12 BST by: Malcolm Bishop