2.2 Sudden Death Policy & Procedures Flashcards
What is the purpose of a coroner’s inquiry?
To establish:
- that a person has died
- the person’s identity
- when and where the person died
- the causes of the death
- the circumstances of the death.
- make specified recommendations or comments under the Act
- determine whether the public interest would be served by the death being investigated by other investigating authorities
What deaths must be reported to a coroner?
These deaths must be reported to Police and in turn by Police to a coroner, if they occur in New Zealand or on specified aircraft or ships:
- a death that appears to have been without known cause, or suicide, or unnatural or violent
- a death for which no doctor has given a doctor’s certificate (defined in s2(1) Burial and Cremation Act 1964)
- a death that occurred during medical, surgical or dental treatment
- any death while the woman concerned was giving birth, or that appears to have been a result of that woman being pregnant or giving birth
- a death in official custody or care
Applies to deaths on Aircraft registered in NZ under CAA, a NZ ship and armed forces aircraft/ship
Reporting of deaths to police
A person who finds a body in New Zealand must report that finding to Police as soon as practicable unless they believe the death:
- is already known to Police, or
- will be reported to Police.
Any person may report to Police the death outside of New Zealand of a person whose body is in New Zealand.
When must Police report a death to a coroner?
The death must be reported immediately to the duty coroner.
Who is qualified to verify death?
- Registered medical practitioner
- Nurse
- Registered midwife
- Intensive care paramedice
- Paramedic
- Emergency medical technician
The deceased cannot leave Police control until a Verification of Death (VOD) has been completed. This may require Police accompanying the supplier to another location to secure the document. The completed Sudden Death file cannot be submitted without the VOD.
What may indicate a death is caused by a criminal act?
- No apparent cause
- Poisoning but no motive for suicide
- A body in a burned building
- Signs of injury that are inconsistent with the accident
- Apparent suicide in an unusual position
No suspicious circumstances about a death
If there are no suspicious circumstances about a death, the immediate family can make arrangements to have the body removed if
The deceased’s doctor has been located and issued a certificate as to the cause of death
AND
It is not a coroner’s matter
If the deceased’s doctor cannot be located or contacted, do not leave the body with the immediate family on the expectation that the doctor, when located, will issue a certificate as to the cause of death. Consult the coroner immediately as to the appropriate course of action.
If immediate family does not allow body or evidence to be removed
If the immediate family does not allow you to remove the body or allow you to seize evidence relevant to the death, you have a power to:
- remove the body (with warrant), and
- seize evidence (without warrant).
Note: You must consult the duty coroner and use all other means of negotiation first before invoking these powers, e.g. call Maori Pacific Ethnic Service Officer MPES or Victim Support to help work through the issues and requirements with the immediate family. The warrant must be executed in a sensitive manner.
Warrantless power to seize evidence relevant to a post-mortem
You can, without warrant, seize evidence using reasonable force if necessary, if you are:
- complying with a direction to remove a body under section 20, or
- executing a warrant for the removal of a body under section 128.
The evidence must be:
- on or in the immediate vicinity of the body and relevant to the post-mortem of the body
- delivered to the coroner.
Notify the family within 5 working days of the items that were seized.
Police’s responsibility to inform immediate family of death
When reporting to the coroner is not required, Police must inform the deceased’s immediate family as soon as the deceased’s identity is confirmed.
For estranged families, Police should consider notifying all parties.
Deaths of prisoners in Police Custody. Actions of supervisor are
1) Immediately freeze the scene and ensure evidence including the charge sheet is preserved
2) Notify CIB. Establish and initiate any enquiry
3) Notify the district commander immediately
Coroner’s role in relation to a death
A coroner’s role in relation to a death is to:
- receive a report of the death from the Police
- decide whether to direct a post mortem and, if one is directed, whether to authorise certain people (other than the pathologist) to attend
- authorise the release of the body
- decide whether to open an inquiry, and if one is to be conducted, whether an inquest should be held
Custody of the body
When a death is one that Police must report to the coroner under section 13 , the Coroner then has exclusive right to custody of the body.
Once reported, NIIO will direct a contracted supplier to remove the body to a designated facility
Removing the body
For the purpose of a post-mortem of a body directed under the Coroners Act, a coroner may give any directions they think fit about removal of the body (e.g. directions about removal to a mortuary).
(s20)
Note that a body must not be taken from the place of death to a mortuary via a funeral home unless such a direction has been given by a coroner under section 20.
Applications for warrants to remove a body
You can apply to a District Court judge for a warrant to remove a body from a specified place if:
- a coroner has given directions about the removal of the body under section 20, and
- you have reasonable grounds to believe the body is being held in that place contrary to the directions, and
- you have used negotiation and all other reasonable means to have the body released in accordance with the directions.
