Sudden Death

Question 1

What is the role of the Coroner?

Answer 1

One of the Coroner’s roles is to determine cause of death. They have the legislative authority to determine the need for a post-mortem to assist them determine cause of death.

Question 2

In deaths where the Coroner determines that there will be no need for a post-mortem and wishes to release the body back to whanau the Coroner must do what?

Answer 2

S43(1) A coroner who decides not to direct a pathologist to perform a post-mortem of a body under section 31 must not authorise its release under section 42 earlier than 24 hours after notifying a constable of the decision.

Note: does not does not apply if a constable of the level of position of senior sergeant or above agrees to the coroner authorising the release of the body within the 24-hour period

Question 3

What should Police consider before agreeing to the release of a body under s 43?

Answer 3

Are the police satisfied a post-mortem is not required because there are no potential crime concerns.

It is not a question of whether the police think cause of death can’t be ascertained in the absence of a post-mortem as that is an issue for the coroner. If the police wish to refuse to agree to the release the body, there needs to be an evidential basis to support this refusal. This would in effect amount to evidence that the Coroner has not previously been provided with.

Question 4

Can the coroner authorise the release of the body if identification of the deceased is not confirmed?

Answer 4

No - The coroner must be satisfied with the identification

Question 5

What is the rule of thumb in terms of the identification of a deceased?

Answer 5

Visual identification is usually sufficient. However, the rule of thumb is that if the person does not look in death like they did in life visual identification is not appropriate. Then non-visual identification methods are required.

Question 6

Detail the hierarchy of identity considerations (5)

Answer 6

1. Visual ID (if visually identifiable and there is an appropriate person to complete.) Consider attaching a photograph of the deceased to the Statement of Identification at the time of identification to illustrate the appearance of the deceased.
2. Fingerprints (check NIA for AFIS – contact local SOCO to complete). Request authorisation from Coroner.
3. Odontology – the forensic evaluation of dental evidence. Request authorisation from Coroner.
4. Comparison identification process – contact Duty SAR to engage DVI staff and for advice about the compilation of a Comparison Report for the Coroner.
5. DNA – request authorisation from Coroner.

Question 7

How do you inform the duty coroner of the progress in identifying the deceased?

Answer 7

Through the NIIO.

Question 8

Police staff may be approached by media for comment in the aftermath of a sudden death(s). Is it appropriate for Police to comment to the media about a sudden death before the coroner?

Answer 8

It is the coroner’s role to determine circumstances of death and it is therefore not appropriate for Police to make premature comment.

You should:
• Seek advice from the Police Media Team.
• Consult with the Responsible Coroner in cases where Police wish to make comment in relation to an active coronial investigation.