Chapter 2 - Sudden Death

Question 1

What does the Coroner evaluate in relation to death?

Answer 1

• that the person has died
• person’s id
• when/where person died
• cause of death
• circumstances of death
• comments or recommendations should be made to reduce chance of death occurring in similar circumstances in future

Question 2

What is the role of the Police in relation to the Coroner?

Answer 2

To act as the coroner’s agent in investigating a death and gathering evidence to enable the coroner to make determinations under the Act.

Question 3

What is the role of the Police in relation to scene attendance?

Answer 3

• scene examination
• identification of deceased
• investigations into circumstances of death, interviewing relevant witnesses

Question 4

What deaths must be reported to Police?

Answer 4

• death that appears without known cause, self-inflicted, unnatural or violent
• death occurring during, or appears to have been the result of a medical procedure, medically unexpected
• death of a woman during child birth
• death in official custody or care
• death that has not been signed off by a doctor

Question 5

What is the initial procedure for attending a sudden death?

Answer 5

• consider first aid
• scene examination
• verify death
• cause of death (doctor willing to sign off)
• confirm identity of deceased
• complete POL 265A - statement of id
• contact victim support
• contact NIIO, MPES
• provide copy of information booklet ‘when someone dies’
• if suspicious consider on-call CIB

Question 6

What is the hierarchy of identification?

Answer 6

Visual ID
Fingerprints
Odontology - dental evidence
Comparison identification process
DNA

Question 7

What is the rule of thumb for information recorded on a POL47?

Answer 7

Information recorded on the POL47 should be supported by evidence recorded in witness FWS. Police must satisfy the coroner by providing evidence that there was no third-party involvement in the death.

Question 8

What is the POL47 used for?

Answer 8

Used to record your observations, actions and items seized.

Question 9

What should you consider in relation to suicide deaths in relation to any evidence that may show why the individual took their life?

Answer 9

• Significant life events
• Previous suicide attempts
• mental health background
• Financial issues
• Relationship issues
• Work issues
• Living circumstance
• Drug/alcohol use
• Bullying

Question 10

What do you need to do in relation to the Ligature?

Answer 10

Should be seized in a manner that preserves the knot for forensic examination and accompanies the body to the mortuary. Ensure that the ligature is recorded on the MOJ property sheet.

Question 11

Explain Section 32, Policing Act 2008?

Identifying particulars of person in custody

Answer 11

(1) Enable Police to obtain information for lawful purpose
(2) Take identifying particulars of person in lawful custody if detained for committing an offence and is - At Police station, or any other place used for by Police purposes
(3) Constable (a) must take person’s identifying particulars in a reasonable manner, and (b) may only use reasonable force to secure identifying particulars
(4) After being cautioned, fails to comply with direction (a) commits an offence, and (b) term of imprisonment not exceeding 6 months / $5000 fine or both

Question 12

What is the definition of Identifying features in relation to a person?

Answer 12

(a) person’s biographical details (name, dob, address)
(b) person’s photograph or visual image
(c) impressions of the person’s fingerprints, palm-prints, footprints

Question 13

Explain Section 33 Policing Act 2008

Identifying particulars for summons

Answer 13

(1) To enable Police to obtain information that may be used now/future
(2) Constable with GCTS person of committing an offence and summonsing person may detain that person at any place (a) in order to take person’s id, and (b) only for the period necessary to take person’s id
(3) Must take person’s id in reasonable manner in circumstances, and use only reasonable force necessary.
(4) After being cautioned, fails to comply - 6 months imprisonment/$5000

Question 14

Explain Section 36(1) Policing Act 2008

Care and protection of intoxicated people

Answer 14

(1) Constable finds intox person in public/trespassing private property, detain and take into custody if -
(a) reasonably believes person is incapable of protecting themselves from physical harm, or likely to cause physical harm to another, cause significant damage to property, and
(b) satisfied it is not reasonably practicable to provide for the person’s care and protection by taking the person to their home, or temporary shelter

Question 15

Explain Section 36(1) Policing Act 2008

Care and protection of people

Answer 15

(2) person detained under (1) -
(a) must be released as soon as person ceases to be intoxicated
(b) not detained for longer than 12 hours after first detained, unless recommended by health practitioner.

Question 16

Explain Section 36(3) Policing Act 2008

Care and protection of people

Answer 16

(3) Health practitioner must not recommend further detention of person detained under (1) unless satisfied -
(a) person remains intoxicated, incapable of protecting themselves from physical harm, and
(b) does not have health needs that may require medical attention
(c) not reasonably practicable to provide person’s continuing care/protection -
(i) taking to place of residence, or
(ii) taking person to temporary shelter

Question 17

What does Intoxicated mean?

Answer 17

Means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired