Legal Definitions - arrest of inquest

Arrest of inquest refers to a formal legal argument made to a court or other authority, requesting that a proposed investigation or inquiry be stopped because the specific issues it intends to examine have already been thoroughly investigated and resolved in a previous proceeding. The plea asserts that re-examining the matter would be redundant, unnecessary, or an improper use of resources.

• Example 1: Corporate Governance

  Imagine a large corporation that has just undergone an extensive, independent forensic audit into allegations of financial mismanagement within a specific department. The audit concluded that no wrongdoing occurred. A few months later, a new board member proposes a fresh, internal investigation into the exact same allegations and department. The company's legal counsel could raise an arrest of inquest plea, arguing that the matter has already been thoroughly investigated by a credible, independent body, and a new inquiry would be redundant and wasteful.

• Example 2: Public Inquiry

  Consider a situation where a government establishes a new public commission to investigate the causes and handling of a major natural disaster that occurred several years ago. However, a previous, comprehensive parliamentary inquiry had already meticulously examined the very same event, interviewed all relevant witnesses, and published a detailed report with recommendations. Opponents of the new commission, perhaps concerned about political motivations or resource allocation, could argue for an arrest of inquest, asserting that the proposed investigation would merely duplicate work already completed and conclusions already drawn by a prior authoritative body.

• Example 3: Professional Disciplinary Proceedings

  A licensed engineer faces a new disciplinary hearing by their professional regulatory body concerning a specific design flaw in a building project. However, the exact same design flaw and the engineer's role in it were already the subject of a full investigation by a different, equally authoritative engineering council in another jurisdiction where the engineer also practiced. That previous investigation cleared the engineer of professional misconduct. The engineer's legal team could present an arrest of inquest argument, contending that the current disciplinary body should not re-investigate a matter that has already been fully and satisfactorily resolved by a competent professional authority.