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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70286
Experience:  Over 5 years in practice
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I will attending an inquest on 3 February on a cyclist killed

Customer Question

I will attending an inquest on 3 February on a cyclist killed on the road - I am not related but I am a Cyclists Touring Club Right to Right Representative. The CTC is the national cycling charity and I will attend the inquest as a mark of respect for the victim and as a representative of all cyclists.
I attended a similar inquest last year and I was surprised that the driver of the vehicle did not attend and give evidence.
Question:
a. I understand that the Coroner can order a witness to appear - is this correct?
b. If the driver of the vehicle does not attend can I ask the Coroner why not?
***** *****e
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On your specific points above
A] Yes, any witness can be summonsed. Nobody can force a witness to speak. A summons for their attendance can be issued. It is generally a bad idea to do that. A summonsed witness is usually an unhelpful one.
B] You can ask but the Coroner will not answer. You have the right to be heard about the facts of the Inquest and the cause of death. That doesn't relate to the cause of death. It is just an issue of case management. You may be lucky and get a Coroner that explains the specific reasons to do but they are not under any duty to do so.
Can I clarify anything for you?
Jo