Public Inquiries: A Quick Guide For Potential Witnesses

• Published date: 26 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Disclosure & Electronic Discovery & Privilege, Trials & Appeals & Compensation, Crime
• Law Firm: WilmerHale
• Author: Ms Alice Lepeuple

Public inquiries have consistently made headlines in recent months. This type of inquiries typically focuses on major incidents that have significantly impacted a large number or group of people. They often involve vast amounts of documentary evidence and numerous witnesses. Additionally, public inquiries differ from ordinary criminal or civil proceedings in that they seek to establish facts rather than attribute liability: they are inquisitorial rather than adversarial in nature. Nonetheless, giving evidence in an inquiry can be a daunting prospect. This guide aims to provide an introduction to public inquiries for the benefit of those who have been involved in events under examination by an inquiry and might therefore be contacted to give evidence.

What are statutory public inquiries?

Statutory public inquiries are inquiries established at the request of a Minister under the Inquiries Act 2005 ('the Act') and governed by the Inquiry Rules 2006 ('the Rules'). The purpose of a statutory inquiry is to investigate particular events that have caused public concern. They seek to establish what events have happened, why they have happened, who is responsible for them happening, and what can be done to prevent similar events from happening in the future.

Ongoing statutory inquiries include, for instance, the Post Office inquiry, which is examining the circumstances in which hundreds of subpostmasters were wrongly prosecuted and convicted in relation to (or otherwise impacted by) accounting shortfalls caused by the Post Office's accounting system; the Grenfell Tower Inquiry, which is looking at the circumstances surrounding the Grenfell Tower fire in June 2017; and the Manchester Arena Inquiry, which is investigating the circumstances surrounding the Manchester Arena terror attack in 2017.

Statutory inquiries are conducted by an inquiry panel led by a chairman appointed by the Minister.¹ The chairman and any other panel members are often judges, coroners, or professionals with relevant knowledge or expertise. They are supported by counsel, a solicitor, a secretary, assessors, and administrative, legal, and managerial staff. The inquiry panel will gather, review, and hear evidence from various sources and witnesses to determine the issues in question in the inquiry. Based on this evidence, the panel will produce a report, which will be submitted to the Minister and laid before Parliament. It is not uncommon for inquiries to take years to produce a report - twelve...