2.2 Sudden Death

Question 1

What is the role of the coroner?

Answer 1

Determine the need for a post-mortem to assist them determine cause of death. [s43 Coroner’s Act 2006]

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

s 43(1) A coroner who decides not to direct a pathologist to perform a post-mortem of a body must not authorize its release earlier than 24 hours after notifying a constable of the decision.

Note: does not apply if a senior sergeant or above agrees to the coroner authorizing 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 s43?

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. There needs to be an evidentiary basis to support a refusal to sign the release. This would in effect amount to evidence that the coroner has not previously been provided with.

Question 4

Can the coroner authorize 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. When the deceased no longer looks 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. Staff are required to attach a photograph of the deceased to the Visual Statement of Identification to support timely determination of identity.
2. Fingerprints
3. Odontology
4. Comparison Identification process - contact Duty SAR to engage DVI staff and for advice about the completion of a Comparison Report for the coroner.
5. DNA - request authorisation from coroner (if there are existing records for comparison).

Question 7

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

Answer 7

Through the NIIO

Question 8

If approached by media in aftermath of a sudden death(s), is it appropriate for police to comment 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 when police wish to make comment in relation to an active coronial investigation.

Question 9

When should the deceased’s name be released to the media?

Answer 9

Once notification has been made to the deceased’s family, asap. Usual practice to occur within 24 hours.

Note: requests from NOK for withholding the name of the deceased cannot be granted by Police and they should be told this.

Question 10

Can circumstances of death be released in suspected or established suicide?

Answer 10

Not without the coroner’s authority.

s71 Coroner’s Act details restrictions on making public details of self inflicted deaths.