Chapter 2.2 - Sudden Death Flashcards
What is the coroner’s role in relation to a death?
RDAD
- Receive report of death
- Decide if PM needed and who should attend
- Authorise release of body
- Determine if enquiry required and if so, whether inquest should be held
The purpose of coroner’s inquiry is to what?
- That a person has died & their identity
- When/where they died
- Cause/circumstances of death
- Make recommendations
- Determine if in public interest to have death investigated by other authorities
What deaths must be reported to Coroner?
- No known cause
- Violent/unnatural/suicide
- No Dr Certif issued
- Medical/surgical/dental treatment
- Pregnancy/childbirth
- Deaths in custody
Requirements to report apply to deaths on or from where?
- Aircraft registered in NZ
- NZ Ship
- Aircraft/ship of Armed Forces
If a death has been reported to a coroner by Police, the Commissioner must cause all investigations to be made…?
As necessary to help achieve purposes in Act
As directed by the designated Coroner
Who can verify that a person is deceased & sign VOD?
Duly qualified person which includes:
- Registered medical practioner
- Nurse (enrolled, registered, practitioner)
- Registered Midwife
- Paramedic/Intensive Care Paramedic
- EMT
A duly qualified person should verify life is extinct and complete VOD before what?
The body is moved.
If not possible, police must maintain control of body until VOD obtained.
If the death MUST be reported to Coroner, the Dr can only give Dr Certif for death under what circumstances?
If Coroner has decided not to open an inquiry into the death.
If a Dr issues a Dr Certif, does the Coroner need to be advised?
No.
Must instead advise immediate family.
As a general guide, do not do what in relation to a Sudden Death?
Move the body before notifying Coroner.
The deceased cannot leave Police control until what?
VOD is completed.
File can’t be submitted without it.
Until the cause of death has been determined, it is important to do what?
Preserve evidence.
What steps must be taken when examining the body and scene?
- Consider whether criminal act & if suspicious/have doubts, notify CIB
- Note position of body/photograph
- Note all factors that may explain death/seize all meds
- Obtain witness details
- If death not suspicious, obtain stx’s ASAP
Before moving or touching a firearm involved in a sudden death assess what?
Whether you’re qualified to deal with it.
If not, secure and seek assistance
If so, assume it’s loaded and empty to make safe, then label and secure.
Where a death is one that must be reported to the Coroner, the Coroner has what?
Exclusive rights to the custody of the body.
Once reported the NIIO will do what?
Direct a contracted supplier to remove to designated facility for PM or PM decision.
A body must not be taken from the place of death to a moruary via a funeral home unless what?
Such a direction has been given by a Coroner under S.20
For the purposes of a PM directed under the Coroner’s Act, a Coroner may give what?
Any directions they think fit about removal of the body (S.20)
If no suspicious circumstances the immediate family can make arrangements for body removal to funeral home provided what?
- Deceased Dr located and Dr Certif issued
- Not a Coroner’s matter
If the deceased’s Dr can’t be located to issue Dr Certif what should you do?
Don’t leave body with family while waiting
Consult Coroner immediately as to appropriate course of action
If the immediate family doesn’t allow you to remove the body or allow you to seize evidence you have the power to do what?
Remove body (with warrant)
Seize evidence (without warrant)
BUT
Must advise Coroner
Use all other means of negotiation
Warrant must be executed in sensitive manner
Warrant to remove body (S.128)
You can apply to the District Court Judge for warrant to remove a body from a specified place if what?
Coroner has given directions about removal under S.20 and
RGB body is being held at that place contrary to directions and
You have used negotiation and all reasonable means to have body released
Can you use force under S.128 (Warrant to remove body from specifed place?)
Yes (reasonable force) if necessary to enter/search/remove body/prevent its removal
What is your warrantless power to seize evidence relevant to a PM?
Can without warrant seize evidence using reasonable force if necessary if:
- complying with direction to remove body under S.20
or
- executing warrant under S.128
When seizing evidence under S.128 it must be what?
- On or in immediate vicinity of body AND relevant to PM
- Delivered to Coroner
After seizing evidence without warrant, what must you do in terms of informing re ppty taken?
Take all reasonable steps, within 5 working days of seizure to inform owner/occupier that it was seized and where (either by person or in writing).
If immediate family members are present when removal of body is taking place, what should you advise them?
That the NIIO (National Initial Investigations Office) is the coordinating centre who will provide details of transportation and PM where applicable.
When transferring custody of the deceased to the contracted supplier you must what?
Ensure 268 signed.
VOD is completed
That no identifhying evidence is lost when moving body
What are the police’s responsibilities when informing immediate family of death?
If Coroner’s matter, police assist by informing immediate family ASAP.
Where not coroner’s matter, must advise as soon as identity confirmed.
Where estranged family, should consider informing all parties.
What significant matters must a Coroner give notice of to representatives and members of family/those who have interest in death?
- Direction that PM is performed
- Opening of inquiry
- Date/time/place of inquest
- When inquiry complete
What steps must be followed where a death has occurred in police custody?
- Freeze scene
- Ensure evidence (custody records, video recordings) preserved
- Advise supervisor who will notify CIB & DC
- DC notifies National Manager: Police Professional Conduct of circumstances surrounding death
In regards to deaths in police custody, where force has been used upon prisoner before, during or after K9, what must be commenced?
Homicide inquiry.
