Khan's comments prompted a discussion about public inquiries and inquests. The two are 'not mutually exclusive', human rights barrister Simon McKay said on Twitter today.
McKay said a public inquiry, under the Public Inquiry Act 2005, 'will almost certainly' be chaired by an independent judge. Victims and other interest groups will be 'core participants' and can be represented by lawyers. Their lawyers can, under the Public Inquiry Rule, ask questions of any witness subject to the chair's permission.
An inquest has a narrow frame of reference, McKay said. The deaths at Grenfell Tower will likely qualify as article 2 inquests, which have a wider frame of reference.
McKay added: 'Contrary to the commentator's views last night advocates don't "cross-examine" witnesses as an inquest is inquisitorial by nature. Advocates and other interested persons can ask relevant questions. There is no requirement on the part of the witness to answer a question that might incriminate them.
'An inquest may also avoid areas likely to be the subject of a criminal investigation. Importantly an inquest cannot apportion blame - in terms of civil of criminal liability - that is not the function of an inquest. Unlike a public inquiry. Caution should be exercised by those thinking an inquest is a panacea... I'm not saying public inquiries are not without difficulties but the idea they are an attempt to divert accountability is deeply flawed.'