Chapter 2: Sudden Death and procedures ** Flashcards
Sudden Death
What is the Coroner’s role in relation to a death?
4 things
1) Receive a report of the death from the Police
2) Decide whether to direct a post-mortem and whether to authorise certain people to attend
3) Authorise the release of the body
4) Decide whether to open an inquiry and whether an inquest should be held
Sudden Death
What is the purpose of a coroner’s inquiry?
3 things
1) Establish:
- that a person has died
- the person’s identity
- when and where the person died
- the causes of death
- the circumstances of the death
2) Make specified recommendations or comments under the Act
3) Determine whether the public interest would be served by the death being investigated by other investigating authorities.
Sudden Death
A person dies of suicide while on an Air NZ flight from Los Angeles to Berlin. Does the Coroner have to be notified?
Yes.
SCUMBIE applies to deaths that occur on:
- an aircraft registered in New Zealand
- a boat/ship registered in New Zealand
- an aircraft or ship of the NZ Armed Forces
Sudden Death
When does a death have to be reported to the Coroner?
- death with unknown cause, suicide (S), unnatural(U) or violent (C)
- where no doctor has signed a doctor’s (death) certificate
- death occurred during medical, surgical or dental treatment (M)
- any death while the women was giving birth, or that appears to have been a result of that woman being pregnant or giving birth (B)
- death in official custody or care (I)
Sudden Death
Who is able to sign a Verification of Death?
6 of them
1) Registered Medical Practitioner
2) Nurse - Practitioner, Registered or Enrolled
3) Registered Midwife
4) Intensive Care Paramedic
5) Paramedic
6) Emergency Medical Technician
Sudden Death
When a death is one that Police must report to the Coroner under section 13, who has exclusive right to custody of the body?
The coroner.
Sudden Death
Who takes the body from the place of death and where aren’t they allowed to take the body?
The body will be removed by a contracted supplier (funeral director) and taken to a designated facility (mortuary or other justice facility) for a PM or PM decision.
They must not take the body to the mortuary via a funeral home unless directed to by the coroner.
Sudden Death
If the immediate family doesn’t allow Police to remove a body, whats the steps to get it?
Assuming it’s a coroners case.
1) Consult the duty coroner and get their support for a warrant
2) Attempt to negotiate with the family. Call MPES or Victim Support etc to help work through any issues
3) Apply for a warrant from a District Court Judge
- Reasonable ground to believe that the body is at a location
- Reasonable force is approved if necessary
YOU NEED A WARRANT IF THE IMMEDIATE FAMILY DOESN’T ALLOW YOU TO TAKE THE BODY
Sudden Death
Do you need a warrant to seize evidence relating to a death if the immediate family don’t give you permission?
Not if you have a warrant to uplift the body. If you haven’t got a warrant, you can’t.
You can, without warrant, seize evidence if you are:
- complying with a direction to remove the body under s20 of the Coroners Act 2006
- executing a warrant for the removal of the body.
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.
NOTE:
You have 5 working days to inform the owner or occupier of the place where the body was removed, or the person who owned/had control of the possessions, that the body/evidence has been seized.
May be done in person or in writing.
Sudden Death
Do Police need to inform immediate family of a death if it isn’t a coroners case?
Yes.
Police must inform the deceased’s immediate family as soon as the deceased’s identity is confirmed.
Sudden Death
After a death, when Police are informing the immediate family, is there any reason why informing one member of the family would be insufficient?
In the case of estrangement within the immediate family, Police should consider informing all parties and not rely on family members to inform other immediate family of the deceased.
Sudden Death
A patient is taken into emergency surgery relating to a pre-existing medical issue. While in the operating room, the patient dies.
The medical team are present and sign a death certificate due to the patients extensive medical history.
Does the coroner need to be involved?
Yes.
Any death during a medical, surgical or dental procedure is required to be reported to the coroner.
Sudden Death
When does a person who finds a body not have to report it to Police?
If it is already known to Police or if it will be reported to Police
Sudden Death
When must Police report a death to a coroner?
The death must be reported immediately to the duty coroner.
Sudden Death
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
