Accidential Death or Injury; Inquests BRd 2

CHAPTER 53

ACCIDENTAL DEATH OR INJURY, INQUESTS

(MOD Sponsor: FLEET-NLM WS NCB)

CONTENTS

Para
5301. Medical Reports on Deaths
5302. Accidental Death or Serious Injury
5303. All Injuries Sustained on Duty to be Reported
5304. Sudden Deaths
J.5305. Inquiries into Death (see also J6104).
J.5306. Fatal Accident Inquiries in Scotland.
5307. Road Traffic Accidents - Inquests
J.5308. Inquests Abroad
5309. Medical Expenses Abroad - EC Arrangements

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CHAPTER 53

ACCIDENTAL DEATH OR INJURY, INQUESTS

5301. Medical Reports on Deaths

1. The Medical Officer is to report to DASA(MS) (in accordance with BR 1991,

Article 0251 and JSP751 Chapter 14) on F. Med 14 every death that occurs among
persons borne on ship’s books, whether on board, on leave or at hospitals. The report is
to contain full details of the case, and where the death arose from wounds or injury the
Medical Officer is to state how the accident occurred, whether the person was on duty and
the blood alcohol level at the time. When a death is due to disease, the particulars of the
case should include any factors of exposure, exertion on duty, Service environment, etc.,
which may have been responsible for any condition that led up to death.

5302. Accidental Death or Serious Injury

1. Circumstances. The circumstances attending the accidental death or serious injury

(including near-drowning, suicide or attempted suicide) to any person (including civilians)
on board one of HM ships or establishments, or whilst on duty ashore at home or abroad
are at once to be investigated by a board of inquiry. (See Chapter 57.) If for any reason it
is found to be impracticable to convene a board of inquiry then a ship’s investigation should
be held and a copy forwarded to the Ministry of Defence (FLEET-NLM WS NCB) through
the administrative authority.

2. On Leave. In cases of accidental death or serious injury whilst on leave abroad from
HM ships or establishments and particularly where no inquest is likely to take place, it is
desirable that a board of inquiry/ship’s investigation should be held into the incident,
especially where criticism of, or legal proceedings against, the Ministry of Defence (Navy)
may arise or where the public image of the Royal Navy is likely to be impaired because of
the behaviour of the personnel involved. If no board of inquiry/ship’s investigation is held
when a death occurs a copy of the inquest and Police reports should be obtained and
forwarded together with the Commanding Officer’s covering remarks to the Ministry of
Defence (FLEET-NLM WS NCB) through the Administrative Authority. In cases of serious
injury, when not investigated by a board of inquiry/ship’s investigation, a Police report on
the incident should be obtained, if available. If this is not forthcoming then a brief report by
the Commanding Officer should be forwarded to the Ministry of Defence (FLEET-NLM WS
NCB) through the Administrative Authority.

3. Road Traffic Accident on Leave. Where death or injury is due to involvement in a

road traffic accident whilst on leave from an HM ship or establishment abroad, a copy of
the Police and inquest reports into the accident should be obtained and forwarded to the
Ministry of Defence (FLEET-NLM WS NCB) through the Administrative Authority. It should
not normally be necessary to hold any formal inquiry or investigation unless the conditions
referred to in sub para 2 above apply.

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4. Board of Inquiry. The board of inquiry is to be convened by the senior officer present
or the administrative authority in accordance with the provisions of Chapter 57. It should
be composed of members specially qualified to deal with any technical questions which
might arise and one member should if possible be a Medical Officer and medical evidence
about the cause of death or injury should always be taken. It is to sit behind closed doors
and no part of the report or proceedings is to be divulged to any outside authority without
the sanction of the Ministry of Defence (FLEET-NLM WS NCB). A copy of the proceedings
of the board of inquiry or ship’s investigation if no board of inquiry is held (see sub para 1)
together with the findings and recommendations, should in all cases be sent to the Ministry
of Defence (FLEET-NLM WS NCB) through the Administrative Authority, for information of
departments concerned.

5. Evidence by Relatives. The relatives of any deceased or injured person whose death
or injury is being investigated in the United Kingdom are to be invited to give evidence if
they can be expected to contribute information to the inquiry. Relatives should not be so
invited where the board of inquiry takes place overseas, unless they are present at the
place where it is held. They should not be invited when death or injury is due to some
purely mechanical defect and there can be no question of an error of judgement, or where
the state of health or domestic circumstances of the person concerned have no bearing on
the inquiry. In cases of doubt, the relatives are always to be given the opportunity of giving
evidence should they wish to do so.

6. Detailed Report in Place of Board of Inquiry. If a formal board of inquiry cannot be

held, a full and detailed report of the occurrence is to be forwarded to the Ministry of
Defence (FLEET-NLM WS NCB) together with a statement of the reasons which
prevented the holding of a formal inquiry.

7. Disappearance of Personnel. The disappearance of a person who is missing in

circumstances that point to the possibility of accidental death is similarly to be investigated
and reported. See also 4002. sub para 5.

8. Royal Marines. The circumstances attending the accidental death or suicide, or

attempted suicide of, or serious bodily injury to, any officer or man of the Royal Marines
not on board one of HM ships or in an RN establishment are at once to be investigated by
a board of inquiry or regimental inquiry as deemed appropriate by The Queen’s
Regulations for the Army, 1975 Chapter 5 Annex A.

9. Inquiries are to be convened in accordance with Board of Inquiry (Army) Rules 1956
and Regimental Inquiry Regulations 1956. No part of the report or the proceedings is to be
divulged without the sanction of the Ministry of Defence (FLEET-NLM WS NCB) except on
foreign stations when the senior officer present may use his discretion in the matter. A copy
of the proceedings, together with the findings and recommendations, should in all cases
be sent to the Ministry of Defence (FLEET-NLM WS NCB) through the RM Legal Section,
Fleet Legal Cell, Pers Division, CINCFLEET.

10. If a formal inquiry cannot be held, a full and detailed report of the occurrence is to be
forwarded to the Ministry of Defence (FLEET-NLM WS NCB) through the RM Legal
Section, Fleet Legal Cell, Pers Division, CINCFLEET together with a statement of the
reasons which prevented the holding of a formal inquiry.

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11. The disappearance of a person who is missing in circumstances which point to the
possibility of accidental death is similarly to be investigated and reported.

12. Incidents occurring on board HM ships or in RN establishments are to be investigated

in accordance with Clauses 1 to 7 above and Chapter 57.

5303. All Injuries Sustained on Duty to be Reported

1. It is to be brought to the notice of all officers and ratings that any injury received in
carrying out any act of duty (which includes participation in games or other forms of
physical recreation definitely organized by naval authority see Para 7706.) is to be
reported at the first opportunity to the Medical Officer of the ship or establishment. This
instruction applies particularly to damage to the ears by gunfire.

2. Claims to compensation on the ground of attributability to service, in the event of

disability developing from an injury so as to necessitate invaliding from the Service, cannot
be accepted unless the injury is reported and an MOD Form 2000 awarded at the time, or
unless satisfactory evidence is available that the injury was actually sustained as claimed
(see BR 1991, Instructions for the Royal Naval Medical Service).

5304. Sudden Deaths

1. In case of sudden death, without previous indisposition, the Medical Officer, with the
sanction of the Captain, is to examine the body to ascertain the cause. Should any cause
for suspicion be observed the Captain is at once to inform the Coroner so that an inquest
may be held if advisable and practicable.

2. Whenever practicable, the consent of the next-of-kin is to be obtained before a

postmortem examination is carried out. No consent is required when a post-mortem
examination has been ordered by the Coroner, but the next-of-kin should be informed if
necessary that an examination has been so ordered.

J.5305. Inquiries into Death (see also Para J.6104.).

1. Inquests in England, Wales and Northern Ireland. A coroner is required to hold an

inquest on the body of any person lying within his jurisdiction who has died violently,
unnaturally or suddenly from an unknown cause. When a Serviceman dies in such a way
while in his ship, unit or establishment, his death is to be notified by the Commanding
Officer without delay to the coroner for the district in which the body is lying or is brought
to lie so that he may decide whether an inquest is necessary. The Commanding Officer is
to inform the coroner of all the circumstances of the case, provide him with the names of
any witnesses and ensure that Service witnesses and a Service representative are in
attendance at the time and place the coroner may appoint for holding the inquest.
Assistance in liaison with UK coroners may be obtained from the Joint Casualty and
Compassionate Centre (JCCC). If the body of any person subject to Service law who has
died violently, unnaturally or suddenly from an unknown cause abroad or at sea is brought
into a port, airport or airfield in England, Wales or Northern Ireland, the Commanding
Officer is to report the particulars to the coroner and to take such action as would have
been taken had death occurred there.

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2. Legal Represenation. There is no legal requirement for any legal representation at

an inquest. However, Departmental legal representation may be desirable at inquests on
the following:

a. The death of a Serviceman on duty.

b. The death of a Serviceman on leave, if murder or suicide is suspected.

c. Any death occurring on MOD property.

d. Any death if circumstances are likely to give rise to legal proceedings involving the
MOD or criticism of the MOD or the Services. (This list is not exhaustive).

In such cases, the Commanding Officer must immediately inform DC&L(F&S)Legal 1, who
approves and authorises such representation, via FLEET-NLM WS NCB, and send a full
statement of the case as soon as possible.

3. Where the MOD is legally represented, its legal representative will represent the
interests of Departmental personnel. However, if the MOD’s legal representative declares
a conflict of interest, the MOD’s legal representative can no longer subsume those
individuals whose interests are in conflict with those of the Department. In such cases, the
MOD will not arrange or pay for separate legal representation. Any legal representation
that individuals may feel is necessary will be at their own expense.

4. Legal Representation by MOD. When the MOD is legally represented, the legal
representative is to be shown the full transcript of any board of inquiry proceedings which
may have been held (including the report of the board if this is available), or any
investigation or inquest conducted abroad by foreign authorities into a death occurring
there (see Para J.5308.) and is also to be given all such further information as he requests
or is thought necessary. The legal representative is responsible on behalf of the Services
for arrangements connected with the conduct of the inquest. Apart from the initial action
required under J.5305. sub para 1 above the Commanding Officer should refer to the legal
representative any questions put to them by the coroner.

5. Reports of Proceedings. The Commanding Officer should ensure that an officer

acquainted with the facts attends the inquest into the death of any member of the Service.
In cases where the MOD is not legally represented, that officer is to send a brief report on
the proceedings to JCCC, copied to DC&L(F&S)Legal 1. This report should include the
names of any known next of kin at the inquest, any unusual details/circumstances, and the
verdict of the coroner. If an inquest is likely to attract public or press interest or to involve
the disclosure of classified information, DC&L(F&S)Legal 1 must be so informed, so that
the need for special instructions may be considered.

6. Inquests and Boards of Inquiry. The inquest and the board of inquiry into the same
incident are to proceed independently. FLEET-NLM WS NCB, as releasing authority,
should provide the coroner with a copy of the board of inquiry report (if available) in
advance of the inquest, in accordance with the guidance provided by DC&L(F&S)Legal 1.

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7. Inquest Information for Next-of-Kin. Whilst it is the responsbility of the coroner to

notify next of kin of the deceased of the time and place of the inquest, the Commanding
Officer should confirm that the next of kin have received this information. If it is likely that
the inquest will be unduly delayed, the Commanding Officer should inform
DC&L(F&S)Legal 1 and FLEET-NLM WS NCB accordingly.

J.5306. Fatal Accident Inquiries in Scotland.

1. In Scotland the Procurator Fiscal inquires into all fatal accidents and sudden deaths
by means of a fatal accident inquiry. The Commanding Officer should provide him with full
particulars in writing regarding the circumstances of any such death. In addition, he is to
be given particulars of any bodies brought into the country. The considerations at
Para J.5305. apply.

5307. Road Traffic Accidents - Inquests

1. In cases involving Service vehicles or which occur on Ministry of Defence (Navy)

property, legal representation at the inquest will be arranged by D(C&L)(F&S) Claims.

2. In cases not involving Service vehicles or those which occur whilst personnel are off
duty and are not on Ministry of Defence (Navy) property, the Ministry of Defence (Navy)
need not be legally represented at the inquest. A copy of the Coroner’s deposition will be
obtained direct by JCCC, if required.

J.5308. Inquests Abroad

1. In countries abroad where inquests or similar inquiries into the cause of death are
held, the Commanding Officer is to report to the appropriate civil authorities as in J.5305.
.sub para 1. When legal representation is permitted, legal advice and, if sought necessary,
legal representation should be sought from DC&L(F&S)Legal 1.

2. A board of inquiry will normally be convened into a death abroad in accordance with
Chapter 57. It is to proceed independently of any civil inquiry.

3. The holding of an inquest or civil inquiry abroad does not preclude the possibility that
a further inquest will be held in the UK if the body is repatriated. Where this happens, the
Commanding Officer will arrange for the coroner for the area in which the body will be
brought to lie to be informed, in accordance with 5301. sub para 1.

5309. Medical Expenses Abroad - EC Arrangements

1. In accordance with the provisions of the European Community Regulations on Social

Security, UK nationals (including members of HM forces) may obtain emergency treatment
while visiting another member state of the Community, such treatment being in accordance
with the terms of the member state’s own insurance scheme.

2. In certain member states (e.g. France) medical treatment is not provided wholly free
of charge and personnel are warned that if treatment is obtained whilst on leave in these
countries they may be liable for a proportion of the expenses involved.

3. Accounts for bills for hospitalization should be forwarded to the Ships’ Medical Officer
or, if no longer alongside, the BRITMILREP for the country concerned.

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