Public Inquiries and Investigations: Objectives, Types, and Recording Essay

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Introduction

An official and independent review of occurrences or acts requested by a government entity is conducted by a commission of inquiry. Public inquiries are large-scale examinations that are initiated by a government agency and given unique powers to obtain evidence and the disclosure of various types of material. The presence of public concern over a specific incident or series of events is the major reason for a public inquiry. In general, inquiries are expected to provide answers to several key questions: What is the incident? Who is accountable for the cause and consequences? What can communities and governmental organizations learn from this (Norris and Shepheard, 2017)? Therefore, public inquiries analyse the problems that are of great social significance and examine prior choices and occurrences. As a result, it is critical that information generated or utilized during an assessment is handled in the manner that it can be preserved for potential scholars and practitioners.

Whatever the investigation’s objective, the goal is to document the findings and determine what exactly happened. In addition, it is essential to recognize why it occurred, who could be to blame, and endeavour to adapt to the situation so that it will not repeat afterwards. A public investigation will fail to properly function, defend its conclusions, or produce a permanent record if it does not commence with competent data integration and management. The main purpose of the paper can be described as the inclusion of processes to contrast, critique, and evaluate the methods that should be implemented to guarantee that the inquiry’s documentation is complete and well-organized. In terms of this work, it is obligatory to examine the categories of inquiries that are appropriate for significant catastrophes or disasters.

Scope, Aim, and Objectives

Describing the scope of the work, it is feasible to state that the paper encompasses not only the basic definitions of public inquiries and investigations. In fact, it includes information related to the records and documentation of public inquiries that aim at constantly ensuring that the reports and conclusions are comprehensive and well-ordered simultaneously. In this paper, from a critical point of view, various kinds of unforeseen and emergency situations are considered that can provoke great damage to society, both national and international. The occurrence of this kind of emergency situations necessitates public investigations that can identify the original prevailing causes, as well as draw specific and useful conclusions. In addition, in this work, various sorts of investigations are analyzed and compared since the variety of types is substantial. Furthermore, it is compulsory to examine the challenges regarding the evidence and information gathering procedures, as well as the need of preserving records. It should be emphasized that in this field of activity, attention to detail and official documentation of evidence and facts is of the utmost importance. Hence, public inquiries are connected to aspects that should be thoroughly discussed.

In terms of the objective, the main goal of the paper can be described as the necessity to comprehend the topic of pubic inquiries and investigations. It is demanded to recognize various types of public inquiries and how they are linked to different social, natural, political, and public catastrophes. The conclusion section of the work includes a summary of the key notions, terms, comparisons, and results that were discovered during the process of discussion and analysis. The section related to recommendations encompasses several assumptions and ideas on how public inquiries, as well as records and information gathering processes, will potentially benefit investigations.

Main Body

Inquiries and investigations, in general, encompass a wide range of subsections and types. This fact can be explained by the notion that inquiries are related to various spheres of life and governmental procedures; therefore, different issues should be addressed by separate sets of functions, methods, and solutions. Criminal case, coroner’s inquiry, organizational or Government Department administrative inquiry, public inquiry, and technical examination are all possible sorts of inquiry or investigation; however, methods may vary from nation to nation. In fact, an important aspect of all the inquiries is the possibility to extend investigations, prolong examinations, and demand new versions due to unexpected circumstances. The chairman will need to establish the relevant processes and protocols after the investigation has been appointed and the terms and conditions have been finalized (Dryland, 2021). In extreme circumstances, the Minister may, for example, seek a second inquiry if it is thought that significant new evidence has appeared that might change the original results. As a consequence, while all of the kinds of inquiries are separate, they are linked by common techniques and goals.

Types of Investigations and Their Comparison

A coroner’s inquest is an inspection or investigation of the circumstances and evidence surrounding the death of a relative. When a person dies under certain instances, a death certificate cannot be issued until an investigation has been completed to verify the information needed to complete the certificate. In England, Northern Ireland or Wales, a coroner’s inquiry is a formal investigation into the general reason for the death (Dean, 2021). This is referred to as a serious fatal incident enquiry in Scotland, and it is initiated by the procurator fiscal (Dean, 2021). The coroner’s job is to identify who died, how they ended up dead, the cause and the exact location of the death (Dean, 2021). Coroners have separate and defined authorities over various areas, hence the coroner in charge of a particular investigation will be chosen based on the deceased person’s location. A coroner’s inquest, unlike other forms of investigations, is linked to death cases but is not a prosecution.

The investigation’s final conclusion is determined by the legitimacy of the legislation under which it is conducted, as well as the thoroughness of the investigation. If it is believed that a criminal offense has been committed, a criminal investigation will be initiated. A criminal case is the systematic collecting of evidence with the goal of locating, apprehending, and convicting perpetrators. Obtaining a criminal charge against a major representative of an organization or institution is more difficult than making a successful case against a person on the front lines.

An internal inquiry is a significant investigation conducted by a company or government agency to determine whether laws, regulations, or internal principles of the organization have been violated and, if so, to recommend corrective action. Internal investigations, when performed properly, may aid corporations in avoiding lawsuits, providing arguments, and reducing damages in the case of a lawsuit. In comparison to other types of investigations, this one involves a macro-level strategy that involves important institutions, communities, agencies, and organizations.

The goal of the technical investigation is to add insights to originally recorded facts so that authorities may evaluate if a process needs to be reworked or examined. In the case of aircraft, for instance, the purpose of the inquiry is to identify and document what occurred and why it occurred so that lessons may be learned in order to prevent future aviation mishaps and accidents and improve flight safety. An aircraft accident investigation’s purpose is not to assign blame or guilt. As a result, a technical investigation differs from other types of investigations in that it focuses on delivering extensive findings and clarifications to authorities and the general public.

Public inquiries analyze the situations that are of great public significance and examine prior judgments and occurrences. In the United Kingdom, public investigations are led by a senior government official, usually a judge, who reviews documents, expert testimony, draws conclusions, and provides guidance (Dryland, 2021). Public investigations are inquisitorial instead of adversarial in nature, and those in charge of them are unable to make judgements concerning civil or criminal culpability of individuals or organizations (Dryland, 2021). Hence, it is essential that information generated or used during an investigation is handled so that it can be preserved for future companies and researchers. Public inquiries are conducted independently, despite the fact that they are launched and sponsored by the government (The Institute for Government, 2018). Authorities have the right to remove a chairperson or end the process entirely, although no minister has ever done so (The Institute for Government, 2018). Public investigations are not legal systems, and they cannot judge whether or not someone is guilty of a crime or a civil wrongdoing.

Record of the Inquiry

Referring to the processes required to ensure the record of the inquiry is comprehensive and well-ordered, it is compulsory to firstly emphasize personal factor. Individuals connected to various processes related to inquiries, inquests, and investigations play an essential role in the main procedures. At the commencement of the investigation, all parties’ responsibilities and obligations should be determined. Before the inquiry proceedings begin, it is advised that inquiry personnel consult with The National Archives and, if relevant, officials of the supporting department (The National Archives, 2014). This will aid the inquiry in establishing efficient information management systems and ensuring that all parties understand how the record will be distributed following the completion of the investigation (The National Archives, 2014). In general, the inquiry chairman verifies that the investigation’s record is thorough and well-organized (The National Archives, 2014). The secretary of the public investigation determines information management guidelines and procedures (The National Archives, 2014). Therefore, personal factor and people in charge are critical for the processes related to the record of the inquiry since they have access to information.

Another factor that is considered to be important in terms of processes to ensure the record of the inquiry is comprehensive is information management policy. The official declaration of the standards for the administration of public inquiry documents is provided by an information management guideline (The National Archives, 2014). It does not have to be a long and complex document, but it should be a declaration of the inquiry’s commitment to properly manage material (The National Archives, 2014). It should also adhere to information laws, support the continuing demands of the inquiry group, and provide an organized and thorough record at the conclusion of the investigation (The National Archives, 2014). It is critical to develop information management policy of an investigation, as it will serve as an authorization for implementing practices and systems while also proving their usefulness to inquiry employees (The National Archives, 2014). An information management policy is especially important since it will assist inquiry personnel in managing digital data. Regardless of the need to elaborate information management rules, inquiry personnel selection is more crucial concerning a comparison since people are responsible for the systems and processes.

In addition, concerning processes regarding inquiry records, it is feasible to emphasize the necessity of filing structures. Large amounts of data in various formats will be produced and kept over the course of a public investigation. It is beneficial to organize this information into a logical file system (The National Archives, 2014). This will simplify procedures to find and understand documents, as well as aid in the proper management of confidential material in accordance with the law (The National Archives, 2014). Through a specified and supervised succession of folders, the filing strategy for both paper and electronic information should mirror the inquiry’s operations (The National Archives, 2014). Consequently, employees will be able to submit and retrieve information more effectively, and the inquiry chairperson will be able to regulate access to material. Comparing to other important notions, this aspect should firstly guarantee safety and organization of all the materials related to investigations, both private and sensitive.

Staff will produce and handle vast amounts of digital information in a variety of file types over the duration of an independent inquiry. The collection, preservation, and dissemination of historical digital material is becoming increasingly crucial (The National Archives, 2014). As a result, inquiry employees will need to choose and examine their electronic documents before transmitting them to The National Archives or another relevant government body (The National Archives, 2014). It is a fundamental concept that the collection of records for long-term or permanent preservation should be done regardless of the mode in which they are stored (The National Archives, 2014). Technical limits around the evaluation and transmission of digital material can make the process difficult and time-consuming; therefore, inquiry personnel should be aware of this (The National Archives, 2014). It is suggested that common formats for the documentation produced by employees be used to make this procedure more convenient for public inquiries and to maintain records well-organized. Furthermore, if an investigation obtains or generates data in different forms, it is necessary to address the technology option as soon as possible in order to analyze any potential concerns.

The investigation committee will need to know how to properly arrange records for conversion and exchange. This is especially critical when transferring digital documents, which may necessitate prior consultation (The National Archives, 2014). Records having a continuous business or legal necessity will be sent to the supporting department, so employees should consider that as well (The National Archives, 2014). Identified records must be prepared for transmission by the public inquiry, or the supporting department accountable for the inquiry administration (The National Archives, 2014). The investigation team should guarantee that data is preserved in order to fulfill commercial and regulatory requirements. In terms of the processes required to ensure the record of the inquiry is comprehensive and well-ordered, data protection and preparation of records are of a significantly high priority due to the increased risks.

Evidential and Information Gathering and Record Keeping

Considering the assessment of the issues relating to the evidential and information gathering processes and the importance of record keeping, it is feasible to state that collecting facts and evidence is critical for the inquiry. A public investigation will struggle to function smoothly, defend its conclusions, or produce a permanent record if it does not start with competent information management (The National Archives, 2014). The emergence of public interest over a specific incident or series of events is the only reason for a full investigation (The Institute for Government, 2018). Transportation accidents, explosions, pension fund manipulation, self-inflicted fatalities in detention, and diseases have all been the subject of investigations (The Institute for Government, 2018). Government Solicitors are normally in charge of obtaining evidence under the supervision or direction of Presenting Counsel.

Other authorities and organizations, such as the law enforcement agencies, may be tasked with conducting preliminary investigations and inquiries. Furthermore, external organizations can be enabled to gather evidence and facts on behalf of the Government Solicitors if the inquiry is exceptionally extensive or complicated. Thus, the process of gathering evidence can be disseminated between various agencies and organizations, which can result in potential confrontations and lacks of sufficient excess to information.

Moreover, the procedures of gathering and documenting evidence and facts commonly refer to the witnesses that are related to the investigation’s processes. Any evidence that may affect the witness should be subjected to cross-examination by his or her personal solicitor or lawyer. If it is practically possible, every material witness he or she desires to summon during the inquiry shall be heard. It is obligatory to ensure, firstly, the protection of witnesses and create special conditions, in which the procedure of collecting information and record keeping will be both effective and smooth.

Conclusion

To summarize, inquiries and investigations include a wide range of topics and types in general. This is justified by the idea that inquiries are connected to diverse aspects of life and government operations, therefore different topics should be addressed by distinct sets of functions, techniques, and answers. A criminal case, a coroner’s investigation, an organizational or government department administrative investigation, a public investigation, and a technical examination are all conceivable types of inquiry or investigation. A coroner’s inquest is an inquiry or investigation of the circumstances and evidence surrounding the death of a relative. If it is believed that a criminal offense has been committed, a criminal investigation will be begun.

An internal inquiry is a significant investigation conducted by a company or government agency to determine whether laws, regulations, or internal principles of the organization have been violated and, if so, to recommend corrective action. The goal of the technical investigation is to add observations to previously known facts so that authorities may evaluate if a process needs to be reworked or examined. Public inquiries address issues that are of high public importance and examine previous decisions and events. In general, any form of inquiry or investigation can be used to aid serious judicial procedures. The process of acquiring evidence can be dispersed across numerous institutions and groups, perhaps resulting in clashes and a lack of adequate information.

Recommendations

In terms of recommendations that could contribute to and provoke further research, it is feasible to state that changes in legal systems can influence public inquiries and investigations. In fact, it is also essential to examine the role of technical investigations in the process of gathering and documenting evidence and facts related to massive disasters and terrifying events. In potential papers, it is possible to emphasize global questions connected to legal proceedings and prosecutions that resulted from thorough and professional inquiries and initial investigations. It is compulsory to constantly elicit drawbacks in all types of inquiries and related procedures in order to make adjustments and improve the general productiveness.

References

Dean, E., 2021. Coroner’s inquests: What you need to know if you are asked to give evidence. Nursing Standard, 36(4), pp.26–28.

Dryland, C., 2021. A guide to public inquiries. Pinsent Masons. Web.

The Institute for Government, 2018. Explainers search. Public Inquiries. Web.

Norris, E. and Shepheard, M. (2017). How public inquiries can lead to change. Institute for Government The National Archives, 2014. Roles and responsibilities. The National Archives. Web.

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