Inquests and the press

Attending an inquest can be a worrying thought for anyone, whether you are there as a factual witness or because the deceased is your loved one. As well as wanting to know what the process is, who will ask questions and what is likely to be discussed, we are frequently asked whether there will be any press there, and what they can print. In this article, Victoria Davies discusses the rights of the press and steps which you can take to reduce your exposure in the media.

What is the press entitled to?

The first thing to note is that an inquest is an open hearing and members of the public, including the press, can attend. We have a principle of open justice, which means that, save for in limited circumstances, the press are entitled to report the content of an inquest, including names of witnesses and those involved. Coroners should publicise in advance the date, time, and place of an inquest, along with the name and age of the deceased, and this is usually on the local authority website.  

In addition, members of the press can request a copy of the recording of the inquest or documents referred to in court, and, whilst a coroner has a discretion on whether to provide it, the Chief Coroner’s Guidance on this point can be read as encouraging disclosure unless there is good reason not to. This does not usually include a witness statement of a witness who has given verbal evidence; the statement is not evidence, and the journalist can hear the live evidence given in court.  

In court, journalists can live tweet, text, and message throughout the proceedings, for the sole purpose of fair and accurate reporting. No sound recording can be made, and it is a criminal offence to take photographs or video inside the court.  

Outside of court, journalists are allowed to ask you questions but you are not obliged to answer.  

What can you do?

Whilst some families and witnesses are happy to engage with the press and reporting around the death, many are reluctant to share what they see as private details in the public domain. At a recent inquest, the family of the bereaved asked a member of the press not to report on his death as he was a very private person; this request was refused and photographs were published of the deceased, taken from his Facebook page.

• If press involvement is something that you are concerned about ahead of an inquest, we recommend as a minimum ensuring that your social media accounts are set to private, and any photographs which are readily accessible (eg a profile photo) are removed/hidden.  
• Forewarned is forearmed. If you know that press are going to be in court, and you are likely to be a focus going in and out for example, see if there are other ways to access the court or whether you can change your arrival time to try and avoid this.
• Whilst the press are entitled to report, they have an obligation to ensure that this is accurate. If upon reading an article you identify factual inaccuracies, you can request to have these amended and complain to the press association if not done.
• Be mindful of who is around you, both in an outside of court. The temptation to discuss a case or your evidence can be strong, but this should only be done in a private area where you cannot be overheard. You don’t know who the person behind you in the line for your lunch is, so don’t talk about things you wouldn’t want them to hear.

If a press report is wholly inaccurate and causes distress or damage to your reputation, there are steps that you and your organisation can take to act on this, but this is not within the scope of this article. For more information on that, or a specific case, please contact the author who can advise further.