The Isle of Man’s inquest process is similar in outline to that of England and Wales but differs in detail because some recent changes to Coronial law passed at Westminster do not apply in the island.

Historically, the English legal system devised its own method of investigating unexplained or violent deaths which was developed through the Coroners Act 1887 of Westminster with substantial updates in 1988 and latterly 2009. This unique genre of Court process remains inquisitorial and excludes the question of criminal liability thus is a civil process. Other non-common law countries tend to investigate such deaths by way of criminal authorities, but even Northern Ireland’s and Scotland’s inquest systems differ from England and Wales.

The Isle of Man’s inquest law remains governed by Tynwald’s Coroners of Inquest Act 1987 and the subsequent Coroners of Inquest Rules 1988. The sweeping English changes made by their Coroners and Justice Act 2009 with associated 2013 rules and regulations have not been enacted in the Isle of Man, our process remains somewhat more traditional. Part of the English changes involved restructuring which is less needed in our much smaller jurisdiction. The 2009 English legislation created 96 Coroner areas in England and Wales each led by a senior Coroner with a team of assistant Coroners. The Isle of Man Coroners of Inquests are drawn from the judicial panel principally the High Bailiff and Deputy High Bailiff. These are not to be confused with the coroners for each of the Island’s six sheadings (administrative district) whose bailiff type duties include service of process and other documents and enforcement of executions in respect of court judgments.

Although our Coronial legislation is dated, the way inquests are heard has experienced considerable change within the framework of our 1988 Rules. One big change was triggered by the Human Rights Act 2001 of Tynwald as enlivened in the Isle of Man on 1 November 2006. This important overlay mandated the interpretation of Coronial rules and legislation to be compatible with Convention rights. In particular, article 2 of the Convention imposes an obligation on the state to protect life and to investigate deaths where there has been an arguable breach of the substantive obligations. As in England and Wales, Isle of Man’s inquests which involve an agency of the state have become noticeably more detailed and comprehensive since compatibility with Convention rights commenced.

The key tenet of inquest hearings remains that the process is not accusatorial but inquisitorial. It is managed by the Coroner with those who partake assisting the Coroner in fact finding. The scope of an inquest is restricted by statute to answering four questions involving the deceased namely who the person was and when, where and how they died. It is the ‘how’ question that normally dominates evidence at inquest. Before the main inquest hearing the Coroner oversees investigations with assistance from the Coroner’s officer to collate evidence including, if appropriate, obtaining independent expert opinion evidence. When making findings of fact Coroners must avoid framing their verdict in a way that might determine criminal or civil liability so their terminology needs to be careful.

In practice, English inquest cases frequently are cited in the Isle of Man and the helpful Chief Coroner guidance and law sheets published in England and Wales are also referenced in our inquests where appropriate and being mindful of any differences in law between the two jurisdictions.

The English 2013 rules re-characterised verdicts as conclusions and also updated some of the more archaic short form verdicts. This included introducing a new short form conclusion of road traffic collision because it was felt this was more neutral than adopting accidental death in such instances (or its related ‘death by misadventure’). There had been some judicial disquiet that accidental death/misadventure was an unsatisfactory outcome for bereaved families not least because they might reject the idea that it was accidental. Road traffic collision as a short form verdict is not currently adopted in Isle of Man inquests.

With the Isle of Man’s road racing heritage, it is a sad truism that traffic deaths come before the Coroners from time to time. The next overhaul of our inquest law will be interesting.

Advocate John Aycock is the managing director of M&P Legal with two decades’ experience of representing clients at Isle of Man inquests.

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