Article 2 inquests

In cases where the state or a public body might have had obligations to protect the life of the deceased, including where a person has died in police custody or in the prison, the inquest may become what is known as an ‘Article 2’ inquest. This refers to the state’s obligations to protect life and investigate deaths arising from Article 2 of the European Convention on Human Rights.

When someone dies in prison, police custody, or other state detention (like under the Mental Health (Jersey) Law 2016), an inquest must be held. The fact that a death occurred in state detention does not necessarily mean that it will be an Article 2 type inquest, particularly where the death was a result of natural causes.

The inquest process for an Article 2 inquest is likely to look and feel the same as for other inquests, but the Coroner will be required to investigate more widely into some of the factual circumstances of the death. This may include looking at events leading up to the death and whether the state may have failed to take steps that would have prevented the death.

In such cases, the state or public body may have interested person status and may have legal representation at the inquest. Other interested persons,  including family members may also want legal representation for such inquests.  Further information about lawyers who can assist with representation at inquests may be obtained from The Law Society of Jersey.