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Session 5 > Coroners Week4 > Flashcards

Coroners Week4 Flashcards

1
Q

Coroner Information:

A

The role of police in executing a function for the Coroner is a little different to investigating an
offence. Whereas the criminal jurisdiction is concerned with proof beyond a reasonable doubt on the part of the prosecution, the coronial jurisdiction is concerned with arriving, as far as possible, towards the more probable then not, ‘truth of the matter’. Because of this the rules of evidence and procedure are relaxed, so that evidence which would otherwise be inadmissible in the criminal courts, are admitted into evidence during the Inquest/Inquiry. Specifically, the area of hearsay and opinion is generally admitted by the Coroner into evidence.

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2
Q

What is a coroner?

A

It is a Government Official who’s main role is to certify deaths and the cause of fires.

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3
Q

Definitions:

A

“inquest”- Means an inquest concerning the death or suspected death of a person.

“inquiry”- Means an inquiry concerning a fire or explosion

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4
Q

6 Functions of a Coroner (JAP IED)

• Judicial:

A

-Make decisions as to outcome of death or fire using evidence obtained from police investigation (Coroners brief).

Coroners have discretionary powers and are not bound to
the same rules of evidence. E.g Hearsay and opinion are discussed. Decisions are made on the BALANCE OF PROBABILITIES (Probably).

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5
Q

6 Functions of a Coroner (JAP IED):

• Administration

A
  • The Coroner has his own office and staff including the Coronial Investigation Unit. The
    Coroner; dispenses with death inquests and fire inquiries, is available for interview with
    lawyers, police, medical practitioners, relatives and official visitors; reviews daily reports of deaths submitted to him, and gives instructions as required, and liaises with other
    government departments.
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6
Q

6 Functions of a Coroner (JAP IED):

• Preventative

A

-Makes recommendations to prevent certain deaths occurring in the future

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7
Q

6 Functions of a Coroner (JAP IED):

• Investigatory

A
  • Gives instructions to police to conduct investigation of death inquest and fire inquiries.
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8
Q

6 Functions of a Coroner (JAP IED):

• Educational

A
  • Works with the media to ensure public is made aware of warnings issued by the coroner.
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9
Q

6 Functions of a Coroner (JAP IED):

• Disaster management’

A

• All identifications of deceased bodies must be approved by the Coroner.

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10
Q

Coronial Advocate
The Coronial Law Unit, Glebe, consists of members of the Police Force performing the role of a ‘Coronial Advocate’ whereby their function is once your coronial brief of evidence has been received by the Coroner:

A

Assists the Coroner in their investigation of the death. Conducts most of the day-to-day liaison with the police investigators and will facilitate communication between the coroner and the investigating police (you). Assists in case preparation and will undertake administrative tasks such as ensuring all interested parties have been notified of the proceedings and that relevant
documents have been obtained and are contained within the brief.

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11
Q

Reporting to the Coroner Forms:

A
  • P79A – Death inquests

- P79B – Missing Person suspected as being dead

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12
Q

S.35 Coroners Act 2009 (NSW)- Obligation to report death or suspected death:

A
  • Deaths/suspected deaths must be reported to police and then to the Coroner ASAP.
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13
Q

What is a reportable death? (VN SINS):
• Violent or unnatural death (MURDER, SUICIDE, ACCIDENT, DEATH IS CUSTODY, POLICE
SHOOTING (OR OTHER POLICE CAUSE)
• Not been attended by a medical practitioner during the period of 6 months immediately before the person’s death.
• Sudden death the cause of which is unknown.

A

• In or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or Mental
Health (Forensic Provisions) Act 1990.
• Not the reasonably expected outcome of a health-related procedure carried out in relation to the person.
• Suspicious or unusual circumstances.

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14
Q 
Mandatory inquests (MMPD)
A death has occurred involving Police where it is mandatory the Coroner holds an Inquest. Those incidents include:
A
  • Murder – the combined effect of s21and s6(1)(a) of the Act.
  • Minister or State Coroner Directs.
  • Police Critical Incidents - s23(c) 9.
  • Deaths in Custody - s23(a).
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15
Q

Police critical incidents (DAPPA)
A ‘critical’ incident is one involving a member of the NSW Police Force which has resulted in the death of or serious injury to a person:

A
  • Discharge of a firearm by police.
  • Appointments or the application of physical force by police · arising from a police vehicle pursuit or from a collision involving a NSW Police Force vehicle.
  • Police custody at the time.
  • Police operation.
  • Any other incident where it could attract significant attention, interest or criticism.
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16
Q

S.24 Coroners Act 2009- Jurisdiction concerning deaths of children and disabled persons (FAT Leading Senior):
-A senior coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person was (or that there is reasonable cause to
suspect that the person was):

A

• FaCs or similar child in care.
• Abuse or neglect or that occurs in suspicious circumstances.
• Target group within the meaning of the Disability Inclusion Act 2014 who receives from a service provider assistance (of a kind prescribed by the regulations) to enable the person to live independently in the community.
• Living in, or was temporarily absent from, residential care provided by a service provider
and authorised or funded under the Disability Inclusion Act 2014 or an assisted boarding house.
• Sibling or child was subject of a CHILD AT RISK REPORT in the past 3 years.

17
Q

S.24 Coroners Act 2009-

A

All deaths under s24 will be dealt with by the Deputy State Coroner. Deputy State Coroners are located at Glebe, Newcastle and Wollongong. All other deaths (outside the regions of Newcastle and Wollongong) under s24 go to the Deputy State Coroner at Glebe, children under 5 years of age MUST be transported to Glebe Morgue ONLY.

18
Q

Reporting Missing Persons to the Coroner:
• Coroners do not normally inquire into disappearances but insist upon the presence of
substantial evidence pointing to death before starting an inquest.
• There is no specified period of time which must pass before a missing person can be referred to the Coroner, nor declared by the Coroner as presumed deceased. However, prior to this occurring it is incumbent on Police to investigate all avenues which would hold evidence of a persons’ status.

A

• For instance if a person does not contact their family, access their bank account, mobile
phone, centre link account, social media account(s) etc over a period of months this
information may lead investigators to circumstantially suspect a person has died.
• In these circumstances the Missing Person should be reported to the Coroner. The
mechanism for notifying the Corner is completing a P79B.

19
Q

S.53 Coroners Act- Power to obtain documents and things for purposes of coronial investigation:

A

The object of the section is for the Coroner to take possession of evidentiary material before it may be lost or destroyed. This occurs in most occasions with medical records to overcome
considerations of privacy and authorising surrender of personal files. This power is only available to the coroner to determine whether or not to dispense with an inquest.
The section also provides the ability for the Coroner to issue written notice to gather evidence.

20
Q

Reporting fires and explosion reports to the Coroner (Personal
Protective Equipment):

Fires and explosions will only be reported to a Coroner (State Coroners Circular 99) where one or more of the following criteria are satisfied:

A

• Property is destroyed or damaged by fire or explosion and the value is apparently in excess of five hundred thousand dollars ($500,000).
• Persons die or are seriously injured Where a known person is suspected of causing the fire
or explosion, whether or not a charge is laid.
• Explosion or fire is high profile, special interest or subject to extensive media attention.

21
Q

Police investigating a fire:

Determine if possible, the reason for the fire, what is the apparent cause of the Fire, where did the fire appear to have started, is any known person responsible?
Obtain full insurance details, including policy number, amount insured and date insurance
purchased, as well as establishing if there has been any change in the amount of cover to the Insured Property.

A

A statement should be obtained from: (POW PF)

(a) Person attending to or locating the fire;
(b) Owner of the property;
(c) Witnesses to the fire;
(d) Police officer in charge of the investigation; and
(e) Fire Investigation Unit/or FSG re cause of fire.

22
Q

S.40 Coroners Act- Order establishing coronial investigation:

A
  • To sum this up and other legislation around it; Coroners can direct police to create a coronial investigation. The powers at the investigation scene are like crime scene powers. I don’t think there is a time limit though, but it must be reasonable.
  • Can be set up before an inquest/inquiry, after the commencement of an inquest/inquiry, but not after the conclusion of the inquest/inquiry.
23
Q

What to Record at the Scene of a Death P79A relates Refer to the P79A however here a 5 examples:

A
  • Detailed description of the condition, colour and composition of the body.
  • Detailed description of the Incident Scene;
  • Note any signs of any injury, struggle or possible foul play.
  • Any medications or drugs located on or near the deceased.
  • Receiving medical treatment.
24
Q

How do police identify an unknown body?

A
  • Identification Statement
  • Fingerprints
  • DNA
  • Dental
25
Q

Coroners brief (PAID HOL):
For Deaths Statements should be obtained from:
(a) Person identifying the body of the deceased;
(b) Attending to or finding the deceased;
(c) Investigating officer;
(d) Doctors treating the deceased for a known medical condition;
(e) Having seen, spoken to or contacted the deceased on the day of death;
(f) Officer in charge of the investigation;
(g) Last person to see the deceased alive.

A

For suicides:
(a) Made any attempt to take his life on any other occasion.
(b) Expressed any intention of taking his own life on any other occasion.
(c) Inmate in a mental hospital or mental institution, and where such is the case, bring to the court all medical records. Such records may show previous attempts of the deceased in taking his or her
own life, and other details which the relatives are reluctant to disclose.

26
Q

6 Functions of a Coroner:

A
  1. Judicial - decisions outcome death/fire.
  2. Administration - own office/staff. Review reports of death. Interviews.
  3. Preventative - Makes recommendations.
  4. Investigatory - Give instructions to police.
  5. Educational - Through media/ warnings to public.
  6. Disaster management - all identification deceased bodies approved by coroner.
27
Q

6 Functions of Coroner: (JAP EID)

A
  1. JUDICIAL
  2. ADMINISTRATION
  3. PREVENTATIVE
  4. INVESTIGATORY
  5. EDUCATIONAL
  6. DISASTER MANAGEMENT
28
Q

Reportable Deaths:

A
  1. Violent or unnatural.
  2. Not been seen by doctor 6 months.
  3. Sudden death the of which is unknown.
  4. Patient in or temp absent from Mental Health Facility.
  5. Not reasonably suspected outcome of health-related procedure.
  6. Suspicious circumstances.

Session 5 (10 decks)

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