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Courts and Criminal Justice – Inquest Records
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An inquest is a legal inquiry held to establish the cause of
death of an individual. In Victoria up until mid 1986, inquests were held
before a Coroner, in a Coroner’s Court. Since 1 July 1986 the State Coroners Office has assumed this function. Up until 1986 an inquest could also act as
a committal hearing.
For the period up to 1 July 1986 an Inquest was held where a
person:
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Died suddenly
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Was killed
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Died whilst in prison
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Drowned
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Was executed (1864 to 1975 only)
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Died whilst a patient in a lunatic asylum/mental hospital
(excluding defective/retarded children between 1939 and 1959)
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Was an infant Ward of the State and died under suspicious
circumstances in a registered house (from 1883; regardless of suspicion
1890-1907 only).
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The presiding officer at the Inquest was the Coroner, who
could be a police magistrate, barrister, solicitor or a doctor. The Inquest may
have been held before a jury and the Coroner could call witnesses. When an
Inquest was held it was generally held locally and the registration of the
inquest and storage of the records was carried out centrally by the Registrar
General. In addition to determining the cause of death an Inquest could be held
into the cause and origin of any fire that resulted in destruction or damage to
property as defined in the Coroners Act. Prior to 1971 it was possible for an
inquest to be presided over by a Justice of the Peace. These Inquests were
known as “Magisterial Inquiries”.
From 1 July 1986 the Coronial function was assumed by the
State Coroner’s Office and the State Coroner administers the
state’s coronial system. Coroners continue to hold inquests where:
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The Coroner suspects homicide
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Death occurred in prescribed circumstances
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The deceased was immediately before death held in care
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The Attorney-General directs
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The identity of the deceased is unknown
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The State Coroner directs
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Under this new regime a Coroner can investigate a death and
make a finding without the use of a Coroners Court. The Coroner is still able
to investigate a fire, if it is considered that the investigation is desirable
and a Coroners Court Jury can be summoned as before.
VPRS
24 Inquest Deposition Files
Files in this series may contain an “Inquisition
Form”, the official form of the inquest that includes the Coroner’s
verdict, names of the jurors if a jury was summoned; depositions of evidence
given by witnesses called and; if tendered, a copy of the Victoria Police
report. The contents can also include exhibits, photographs, copies of autopsy
reports and other medical reports. These are more common from the 1950s.
Please Note: The depictions in some photographs in this record
series can be upsetting for some researchers. Carrals are available for
people who wish to view Inquest records in private.
Locating an Inquest Deposition File 1840-1985
To locate an Inquest during the period 1840-1985 use the
following steps.
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1.
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Consult the database Inquest Index, Victoria
1840-1985*. This database can be found on computers in Public Record Office
Victoria Reading Rooms (Victorian Archives Centre and Ballarat Archives
Centre).
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2.
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It is possible to carry out a variety of searches either
on individual fields (eg Surname or year) or a number of fields (eg Surname
and given name and place). The most common search is by Surname.
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3.
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Note the following information:
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a.
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Surname and Given name(s) of the person you are
researching
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b.
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Reference number of the Inquest, and
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c.
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The year in which the inquest is held.
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d.
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A word of caution during the period 1840 to 1880 there are
two sequences of “file numbers”, one for males and the other for
females.
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4.
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Order the file. See PROVguide 8
Ordering Inquest Records for information on how to order online prior to
your visit to the Victorian Archives Centre Reading Room.
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* This database consolidates the information in individual
indexes. It has been compiled from the original indexes and was published by
Macbeth genealogical Services Pty Ltd in 2000. The database can also be found
in public libraries, genealogical societies and historical societies.
Please Note: Inquest Deposition Files are only
available for research at the Victorian Archives Centre Reading Room.
Locating an Inquest Deposition File post 1985
To locate an Inquest in the period post 1985 use the
following steps.
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1.
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Consult the annual Index to Inquest Deposition Files (VPRS
23). These may be requested at the Collection Desk in the Victorian
Archive Centre Reading Room.
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2.
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Locate the surname(s) of interest in the Index:
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3.
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Note the following information:
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a.
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Surname and Given names of the person you are researching
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b.
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The “file number” of the Inquest, and
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c.
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The year in which the inquest is held.
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4.
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Order the file. See PROVguide 8
Ordering Inquest Records for information on how to order online.
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Please Note: Inquest Deposition Files are closed to public
access for a period of 10 years after creation. For example, the Inquest
Deposition files for 1996 will not become available for public inspection until
the beginning of 2007. Access to recent files is through the State
Coroners Office.
Related Records
VPRS
10010 Body Cards 1959-1997
In addition to Inquest Deposition Files researchers might
access these files. The files, despite their title, contain documentation
created in the progress of a coronial investigation, including
photographs. Between 1959 and 1986 they document the investigations of
the Melbourne Coroner only. From June 1986 they document investigations
conducted by the State Coroners Office into reportable deaths throughout Victoria.
To access the Body Card files researchers should consult the Index to Body
Cards (VPRS
5524). The annual indexes can be requested from the Collection Desk in the
Victorian Archives Centre Reading Room at North Melbourne.
VPRS
407 Fire Inquest Deposition Files 1858-1940
This series of files relates to Inquests conducted into the
causes of fires by Coroners Courts throughout Victoria. Contents include
the “Inquisition Form”, depositions of witnesses called, police
reports, exhibits and documents relating to the payment of a fee that was
required for an Inquest to be conducted. To access these files researchers
should consult the Index to Fire Inquest Files compiled by PROV Staff and
available in the Victorian Archives Centre Reading Room with the Records
Description Lists for VPRS
407. Fire Inquests after 1958 are found in VPRS
10010 Body Cards.
VPRS
30 Criminal Trial Briefs 1840-1978
For the period 1840 to 1950 where an Inquest results in
criminal charges being laid the Inquest Deposition File will generally be found
in VPRS 30 Criminal Trial Briefs. Although the “Inquest
Index” may have a record of the Inquest it generally will not be found in
the Inquest Deposition Files. The Criminal Trial Briefs are basically the set
of documents that make up the Crown Prosecutors Brief. The Inquest Deposition file
forms part of this brief especially were the charges relate to murder or
manslaughter. To locate the Inquest Deposition File a researcher will have to
identify the relevant criminal trial brief that will be under the name of the
person charged with the offence, not the name of the deceased. After 1950
the files are found in VPRS
24 Inquest Deposition Files.