VPRS 24 Inquest Deposition Files

Full description

This series comprises files relating to inquests and magisterial inquiries into deaths of persons in Victoria as conducted by Coroners' Courts throughout the State. Although the files were created by the various courts, storage and registration was the responsibility of the Office of the Registrar-General from c.1856 - 1988. Files dating back to 1840 were covered by this arrangement.

TYPES OF DEATH SUBJECT TO AN INQUEST

1840 - 1986
A death was subject to an inquest when a person:
* was slain
* drowned
* died suddenly
* died in lunatic asylum / mental hospital (except defective / retarded children 1939 - 1959)
* died in prison
* was executed by Government (1864 - 1975 only)
* was an infant and a ward of the state in a registered house and died under suspicious circumstances (1883 - 1890) or regardless of suspicion (1890 - 1907 only)

Note that prior to 1970, a body or body part must have been recovered for inquest to occur.

1986 - ct
A death was subject to an inquest when a person:
* died in a suspected homicide
* was of unknown identity
* immediately before death was under the control of the police force, Community Services institutions (ie. youth training centres, etc), Office of Corrections institutions (ie. prisons, attendance centres, etc), assessment / treatment centres registered under Alcoholics and Drug Dependent Persons Act, mental health institutions
* died in prescribed circumstances (as at May 2004 no circumstances have been prescribed)

An inquest could also be held at the direction of the State Coroner or Attorney-General.

CONTENTS OF INDIVIDUAL FILES

1840 - 1960
These records are incomplete. At minimum level, the contents are: inquisition form, depositions (varying number) and police report leading to inquest (if applicable). Inquests resulting in criminal charges may also include: recognisances of witnesses, statement of the accused and Coroner's remarks.

1961 - ct
In addition to the above, these records may include exhibits / other documentary evidence, post mortem / police / other reports, photographs / negatives. PLEASE NOTE: SOME OF THESE PHOTOGRAPHS ARE GRAPHIC AND MAY CAUSE DISTRESS.
Occasionally findings and transcripts are also included.

INQUESTS: SOME GENERAL NOTES
Coroners were appointed by the Governor-in-Council, their function being to investigate certain types of death occurring within their area of jurisdiction. A coronial investigation attempted to determine the identity of the deceased, the circumstances surrounding the death, the medical cause of death, the identity of any persons contributing to the cause of death and to gather information necessary to register the death.

An inquest was a tool utilised during some coronial investigations. It was held only if required by legislation or as a means to resolve inconclusive investigations.

LEGISLATIVE BASIS
The types of death to be investigated by a Coroner were not stated by legislation until 1985, although it appears that investigations occurred if a Coroner were notified of a death by the police and / or if there were no death certificate proving the cause of death. In some investigations, the only action required on the part of the Coroner was to order an autopsy to determine the medical cause of death, the registration of the death and, if applicable, the issue of a death certificate.

Early inquest practice and procedure in Victoria was vested in two English Acts (an Act for improving the administration of Criminal Justice in England 1826 and an amending Act in 1828) and a single section from four Colonial Acts. The Coroner's Act 1865 consolidated this legislation.

Under the 1865 Act and succeeding acts until 1985, an inquest had to be held to determine the cause of death of any person who was slain, drowned, died suddenly or died whilst detained in any lunatic asylum / mental hospital or prison. An inquest could also be held to determine the cause of certain fires, although these were subject to the payment of a fee and since 1869, the approval of the Attorney-General.

Other legislation affected the types of deaths subject to an inquest. Under the Criminal Law and Practice Act 1864, and later Crimes Acts, an inquest was required on all persons executed by the Government. The Health Amendment Act 1883, and successive legislation in the guise of the Health Act 1890, Infant Life Protection Acts from 1890, Children's Welfare Acts from 1954 and the Community Welfare Services Act 1970 specified inquests into the deaths of infant wards of the State under suspicious circumstances in houses registered under the above acts. (Inquests relating to all such deaths irrespective of suspicion were required between 1890 and 1907.) Additionally, the Mental Deficiency Act 1939 directed that inquests were not required in cases of defective or retarded children who died whilst detained in any mental hospital until that provision was abolished by the Mental Health Act 1959.

The nature of coronial investigations changed when the Coroner's Act 1985 became operative on 1 June 1986. Section 3 of the Act specifies a range of "reportable" deaths which the newly created State Coroner's Office had to investigate. Section 15 requires that an inquest be held in cases where the State Coroner suspects homicide, when the State Coroner or Attorney-General directs, when the identity of the deceased was unknown or in cases where the deceased was held, immediately before death, under the control, care or custody of either Community Services or Office of Corrections institutions, a member of the police force, an assessment or treatment centre registered under the Alcoholics and Drug Dependant Persons Act 1968 or an institution registered under the Mental Health Act 1959 (excepting voluntary patients). Inquests were also required under circumstances prescribed in the Coroners Regulations, although at the time of writing, none have been. This has significantly reduced the number of inquests held annually. Documentation on which a Coroner has relied in investigating all reportable deaths, including those which have resulted in an inquest are to be found in VPRS 10010 Body Cards. However, under the PROV Records Authority PROS 99/05 the State Coroner was authorised to destroy Body Cards where an inquest was held into the death, 15 years after the completion of the case (see VPRS 24 Inquest Deposition Files for information on these cases). Where an investigation finds that a death was the result of natural causes, a Body Card may be destroyed after 25 years.

Inquests relating to fires can still be heard but only if the coroner deems one advisable, if directed by the Attorney-General, or if requested by either an individual, the Country Fire Authority or the Melbourne Metropolitan Fire Brigade.

Prior to 1970, an important requisite for the conduct of an inquest was the existence of a body or parts thereof. It has only been since the passing of the Coroners (Amendment) Act of that year that an inquest could be held on a person whose body had not been recovered, but such inquests were subject to the approval of the Attorney-General.

CORONERS AND JURORS
Inquests were presided over by a coroner, the earliest being either police magistrates, barristers, solicitors or doctors. Findings were initially made on the basis of a verdict handed down by a jury of at least 12 persons, with agreement required from 12 members. Coroners were directed to lock juries in a place without meat, drink or fire until agreement was reached. From 1887 juries consisted of between 5 and 12 members with a majority verdict being accepted. Juries were to be discharged if a verdict were not reached within two hours. The use of juries was abolished by an amendment to the Coroner's Act in 1903, although the Act specified their presence in cases where a coroner considered it desirable, whenever the Attorney-General or Crown Solicitor ordered one or if one was expressly provided for in an Act. In this latter instance a jury was only specified by the Coal Mines Regulation Act 1909, and Mines Acts from 1928 for all inquests into deaths occurring in mines, however this provision was abolished by the Juries Act 1956. A jury can also be utilised if a request were made by either a relative of the deceased, a person with knowledge of the circumstances leading to the death or a member of the police force. Unanimous verdicts were reintroduced under the 1985 Act and the two-hour time limit was abolished. In all other cases a verdict was made by the coroner alone. In all inquests, irrespective of the presence of a jury, verdicts were to be reached on the basis of a personal view of the body (compulsory until 1953), the testimony of medical and other witnesses and any other evidence produced at the inquest.

SCOPE OF PROCEEDINGS
The scope of inquest proceedings was limited to determining the exact medical cause of death. Any other matters were not to be pursued except in inquests relating to deaths of infant wards of the State, where the coroner was allowed to inquire into any matters concerning the treatment and condition of the infant and any other matter considered to be in the public interest.

CRIMINAL CASES
An inquest was not a forum for proving the guilt of suspected persons. Prior to 1986 a coroner could find that a death was the result of an alleged criminal act and thus commit a person to trial, issue warrants for that person's arrest and, if applicable, organise bail. If it appeared beforehand that a person would be committed, any pending committal proceedings were suspended and the inquest assumed that function. As of June 1986, an inquest in such instances was a formality held to satisfy the demands of the Coroner's Act and was held in camera immediately after completion of a Magistrates' Court committal hearing.

MAGISTERIAL INQUIRIES
Coroners used to have an option in presiding over certain inquests. Coroners generally held jurisdiction for the whole of Victoria unless specified, however, the 1867 Instructions to Coroners recommended that a coroner should preside over inquests pertaining to every death occurring under suspicious circumstances within 50 miles of him. A coroner was required to travel only 25 miles if a death occurred under non-suspicious circumstances. If a death occurred in an area where the coroner were not compelled to attend, a Justice of the Peace (JP) could hold the inquest. These were known as Magisterial Inquiries as the JP had very limited powers (for example, he could not commit to trial). By 1890, inquests were presided over by the coroner nearest to the place of death. This does not mean that magisterial inquires ceased to occur. The Justices of the Peace Act 1887 gave JPs the right to conduct inquests if requested by a coroner or head of a police station. Coroners appeared to have used this legislation to direct police station heads to ask JPs to conduct inquires in cases where the coroner had already decided that the death was probably due to natural or non-suspicious causes. JPs were given the same powers as coroners in conducting inquests under the Coroner's Act 1911 so the term "magisterial inquiry" after that date ceased to have any real significance beyond noting that the inquest was presided over by a JP. The term lost any semblance of importance after the Magistrates Court Act 1971 specified that all coroners must be stipendiary magistrates but by then the term appeared to have fallen into disuse. Under the 1985 Act, stipendiary magistrates, barristers or solicitors may have been appointed as coroners.

EXTANT RECORDS PRE-1840
The contents of this series date from November 1840 and the appointment of the first coroners. Prior to this date, depositions pertaining to deaths were taken before the Melbourne Police Court by the Police Magistrate. These depositions are intermingled with other items of court business in Unit 1 of VPRS 51, Deposition Books. This volume spans the period October 1836 - December 1838 but a volume covering the period January 1839 - May 1840 is missing. As a conservation measure, a microfilm copy of VPRS 51 (VPRS 2136) has been created by PROV for use in all reading rooms. The volume is arranged chronologically although it does contain an alphabetical name index.

CONTENTS OF FILES

1840 - 1960
Pre-1960 files were incomplete. They contained, at a minimum level, an inquisition form, a number of depositions and a cover sheet noting the name(s) of the deceased and the date and place of the inquest. A copy of a Police Report was usually attached if it caused the inquest to be held. Exceptions to this were files related to inquests where suspected persons were committed for trial. These files also included the recognisance of witnesses to appear at the resultant trial, a statement by the accused person(s), had they chosen to make one and, if deemed appropriate, the coroner's remarks on the case.

The inquisition form was the official record of the inquest. This document records the name of the deceased and the verdict, (which should include the time, place and cause of death) and, if applicable, the names of suspected persons. Also included were the names and signatures of the coroner and jury members. Inquisition forms seem to have rarely been created in magisterial inquiries; the verdict was recorded on the last deposition.

Depositions were the record of evidence of each witness appearing at the inquest. They were in handwritten or typed prose form in the first person, although evidence was given on the basis of a question and answer format. A margin on the left hand side was used to identify any corrections, erasures or additions made for intelligibility. Depositions were read to each witness, who signed them as being a true and accurate record, as did the coroner. As a complete record was required in the case of inquests leading to criminal charges, depositions were normally maintained in the question and answer format.

Witnesses called (and thus depositions created) usually cover certain details related to the death. Ideally, there would have been witnesses who last saw the deceased alive, first found the body and could testify as to the way the death occurred. There might also have been a deposition from the police officer who took charge of the body and that of an expert medical witness. These last two witnesses were not always called to give evidence or able to attend, so in some instances written statements were accepted.

Occasionally two separate files were tied together. This practice was used to link deaths where the causes differed but resulted from the same set of circumstances (for example, drowning resulting from unsuccessful rescue attempts or, more commonly, murder / suicides). On occasion, single inquests were held on more than one person provided that such persons were killed by the same cause.

1960 - ct
From 1960 the contents of these files were complete, with the inclusion of exhibits, copies of post mortem reports, police reports, photographs of the scene of the death and in many instances, the photo negatives. PLEASE NOTE: SOME OF THESE PHOTOGRAPHS ARE GRAPHIC AND MAY CAUSE DISTRESS. All files since 1962 have been individually placed in envelopes. (Prior to this date, files have generally been folded and tied in bundles of about 25.)