Appeals and Reopening

Appeals and Reopening

What can family members do if they believe that the inquest was procedurally improper or its findings wrong? Can family members appeal against the findings of an inquest, or ask for a new inquest?

Family members cannot bring an ordinary appeal against the procedure or findings of an inquest to a higher court in the same way they could appeal a civil or criminal case.

Instead, they can apply to the Court of First Instance for judicial review against the procedure or findings of an inquest. If the Court of First Instance finds serious errors, for example where the findings is not supported by evidence, the Court can order a new inquest.  

Is there a time limit for challenging an inquest?

If family members or other properly interested people want to challenge the inquest procedure or its findings through judicial review, they should do so as soon as possible—and in any case, no later than three months after the findings are handed down. 

If family members want to apply to the Court of First Instance to compel the Coroner, who has declined initially, to hold an inquest, the law provides no strict time limit. However, they should apply without delay in the interest of evidence preservation, among others.

Can the Coroner reopen an inquest if new evidence comes to light years later?

The Coroner can re-open or order a new inquest if new evidence comes to light, even if many years may have passed after the original inquest.