R (on the application of Maughan) v HM Senior Coroner for Oxfordshire
[2020] UKSC 46
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The standard of proof for all conclusions at an inquest, including short-form conclusions such as suicide and unlawful killing, is the civil standard (balance of probabilities), not the criminal standard (beyond reasonable doubt).
Facts
James Maughan died in HMP Bullingdon. His family sought a conclusion of suicide at the inquest. The coroner directed the jury that the standard of proof for a conclusion of suicide was the criminal standard (beyond reasonable doubt), following the traditional approach. The jury returned a narrative conclusion but did not find suicide. The family challenged the standard of proof applied.
Judgment Summary
The Supreme Court (Lady Arden giving the lead judgment) held by a 3-2 majority that the civil standard of proof (balance of probabilities) applies to all conclusions at an inquest, including suicide and unlawful killing. This departed from the long-standing practice of applying the criminal standard to these conclusions. The Court reasoned that the Coroners and Justice Act 2009 made no distinction between the standard of proof for different conclusions, and that an inquest is a fact-finding inquiry, not a criminal trial.
Key Quotes
"The rule cannot be left as it is. As the Divisional Court first pointed out, if the appellant is right and the criminal standard is applied to the findings which pertain to the elements of suicide, then some conclusions will be reached on one basis and some on another within a single inquest. A system of fact-finding on this basis is internally inconsistent and unprincipled and does not meet the standards of a modern, principled legal system."
— Lady Arden at [71](verbatim, verified against the judgment)
Subsequent Treatment
Now the leading authority on the standard of proof at inquests. All conclusions, including suicide and unlawful killing, are determined on the balance of probabilities.
What To Do Next
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