Coroners and Adult Safeguarding in NI

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Questions and Answers

What is the purpose of Form P4?

To initiate criminal investigations

To admit remains for post-mortem examination when there is no suspicion of crime (correct)

To document traffic collisions

To report incidents of suspected suicide

Which of the following characteristics can increase an adult's risk of harm?

Age and mental frailty (correct)

Wealth and social connections

Employment status

High education level

What defines an adult at risk of harm?

An adult whose circumstances expose them to potential abuse, exploitation, or neglect (correct)

An adult who is under 18 years of age

An adult living in a wealthy neighborhood

An adult who is capable of protecting their own interests

When can an adult be deemed as being in need of protection?

When they are unable to protect their own well-being due to another person's actions Signup and view all the answers

Which of the following descriptions does NOT relate to the definition of harm?

Effectiveness of support services Signup and view all the answers

What forms of abuse are recognized in the safeguarding context?

Physical, sexual, psychological/emotional, financial, and institutional Signup and view all the answers

Which team is primarily involved in managing major incidents?

Major Incident Team (MIT) Signup and view all the answers

What is a key factor in safeguarding adults at risk?

Partnerships with various organizations Signup and view all the answers

What defines exploitation in the context of adult safeguarding?

The deliberate manipulation or abuse of power over another person. Signup and view all the answers

Which group is primarily responsible for adult safeguarding?

Health and Social Care Trusts and PSNI. Signup and view all the answers

Which situation would NOT classify an individual as an adult in need of protection?

An individual with severe alcohol dependency. Signup and view all the answers

What must be done when an adult at risk is identified?

Assessment followed by a referral to social services. Signup and view all the answers

When should the Central Referral Unit (CRU) be notified?

Only if a crime is committed against a vulnerable adult. Signup and view all the answers

If a victim’s capacity to make decisions is in doubt, what transpires?

An investigation is conducted under normal circumstances. Signup and view all the answers

What identifies a higher risk factor for harm to an adult?

When the offender holds a position of trust or responsibility. Signup and view all the answers

What method determines the type of investigation for a case of adult safeguarding?

Assessment and discussion between the CRU and appropriate departments. Signup and view all the answers

What is the primary responsibility of the police when responding to a sudden death?

Assist the coroner in determining the circumstances of the death Signup and view all the answers

Under what circumstances must the police notify the coroner according to the Coroners Act (NI) 1959?

In cases of any death that is unexplained or suspicious Signup and view all the answers

In the context of a sudden death investigation, the police serve primarily as what?

Agents of the coroner Signup and view all the answers

What emotional state may the bereaved family experience when police officers are present at a sudden death?

Intense shock and distress Signup and view all the answers

What must the Superintendent do upon discovering a sudden death under the Coroners Act (NI) 1959?

Notify the coroner and provide information about the death Signup and view all the answers

What role does the police play in preserving the scene of a sudden death?

They preserve the scene for evidence gathering Signup and view all the answers

What must police officers consider when conducting themselves at the scene of a sudden death?

The impact of their presence on grieving family members Signup and view all the answers

Why might the investigation of sudden deaths be particularly complex?

They often require input from multiple agencies Signup and view all the answers

What does Article 130(1) of the MHO allow a police officer to do?

Detain a person and remove them to a place of safety. Signup and view all the answers

Which statement is true regarding the requirement to caution a person detained under Article 130?

Caution is not required upon detention. Signup and view all the answers

Who typically applies for a warrant under Article 129 of the MHO?

An approved social worker (ASW). Signup and view all the answers

What must a police officer do when executing an Article 129 warrant?

Deliver the warrant to the court services afterward. Signup and view all the answers

In what circumstances should a police station be used as a 'place of safety'?

Only in exceptional circumstances and for the minimum length of time possible. Signup and view all the answers

What is considered a 'place of safety' according to the Order?

Any hospital that agrees to receive people under the Order. Signup and view all the answers

What role does the medical practitioner play when executing a warrant under Article 129?

They accompany the Constable during the entry and assessment. Signup and view all the answers

Which of the following best describes the term 'remove' as used in the Order?

It is deemed equivalent to an arrest for legal purposes. Signup and view all the answers

What is the maximum detention period for a person moved to a place of safety under the Mental Health Order?

48 hours Signup and view all the answers

Under what circumstances is it acceptable for a person to be transported in a police vehicle?

In exceptional circumstances only Signup and view all the answers

What authority can police use to enter private premises during emergencies?

Both B and C Signup and view all the answers

What should happen if police are asked to leave private premises where there is no criminal activity occurring?

They must leave immediately Signup and view all the answers

What is one of the reasons police can use powers of entry without a warrant?

To prevent serious damage to property Signup and view all the answers

What happens if a patient is absent from the hospital without leave for more than 28 days?

The constable loses authority to detain them Signup and view all the answers

Why is an Article 129 warrant significant in cases involving private premises and mental health?

It is necessary to authorize police entry Signup and view all the answers

What should accompany a police vehicle if it is used to convey a detained person?

An ambulance vehicle Signup and view all the answers

Study Notes

Sudden Death

Police have a responsibility under Section 8 Coroners Act (NI) 1959 to assist the coroner in establishing how, when and where a deceased person or persons came about their death.
Police are acting on behalf of the coroner and as such, are officially an agent of the coroner.
The PSNI will report the death, take possession of the body, report information and gather evidence.
Form P4 is completed when there is no suspicion of crime but the remains have to go to the mortuary for a post-mortem.
Form SD1 is completed in all incidents where suicide is suspected and it is used to provide support to the next of kin.

Adults at Risk and Mental Health

Adult safeguarding is complex and challenging, and requires careful professional judgment.
Working in partnership with statutory and voluntary organisations is vital in ensuring adults at risk are safeguarded.
Adults at risk of harm are people aged 18 or over whose exposure to harm through abuse, exploitation, or neglect may be increased by their personal characteristics, life circumstances, or both.
An adult in need of protection is an adult at risk of harm who is unable to protect their own well-being, property, assets, rights or other interests, and where the action or inaction of another person or persons is causing, or is likely to cause, them to be harmed.
Harm is defined as the impact on the victim of abuse, exploitation or neglect.
The main forms of abuse are physical, sexual, psychological/emotional, financial, and institutional.
Exploitation is the deliberate maltreatment, manipulation, or abuse of power and control over another person.
Neglect occurs when a person deliberately withholds, or fails to provide, appropriate and adequate care and support, which is required by another adult.
Self-harm or self-neglect does not sit within the definition of an ‘adult in need of protection’.
Persons with alcohol dependency or drug addiction are not viewed as adults at risk of harm, unless they also have a mental illness or disability.
The protective responsibility of adult safeguarding lies principally with the Health and Social Care Trusts, and the PSNI where a crime is alleged or suspected.
Adults at risk of harm must be referred to social services.
It is only when a crime is committed against an adult in need of protection that the Central Referral Unit (CRU) needs to be notified.
You must assess whether the victim has been offended against, due to their vulnerability.
CRU is the gateway into C7 (Public Protection Branch) where police and social services discuss a referral and decide how the matter will be investigated.
The outcomes will be, police only investigation, joint investigation (between police and social services) or a social services only investigation.
C7 will decide on the type of investigation and which department is best placed to carry out that investigation.
The majority of joint protocol investigations will remain with C7 but some investigations will be allocated to local policing teams and elsewhere within the PSNI i.e. Criminal Investigation Branch, Rape Crime Unit.

Mental Health Orders (MHO)

The power to detain a person, and remove them to a place of safety under Article 130(1) of the MHO is a preserved power of arrest by virtue of Schedule 2 of the Police & Criminal Evidence (NI) Order 1989 (PACE).
The police officer should explain to the person that they are being detained under Article 130.
It is important to recognise that although the order uses the term ‘remove’, it is deemed to be an ‘arrest’ for the purposes of the PACE (NI) Order 1989.
There is no requirement to caution a person detained under Article 130 MHO, and this need not be done.
Article 129 of the MHO is concerned in the issuing of warrants, authorising a Constable to enter specified premises (by force if necessary) and, if thought fit, remove a person to a place of safety, for the purpose of being assessed for detention by mental health professionals.
The legislation permits a Constable to apply for this warrant, but current practice means the warrant would be applied for by an approved social worker (ASW) of the relevant HSC trust.
The warrant authorises a Constable to enter the premises, accompanied by a medical practitioner, by force if necessary.
Generally, the medical practitioner and ASW will try and carry out the assessment at that location.
If the outcome is compulsory detention, then a Constable can remove, by force if necessary, that person to the designated place of safety arranged by the ASW.
If the individual concerned does not permit the ASW entry, then Article 129 authorises removal of that person to a place of safety for assessment.
When an Article 129 warrant is executed, it is the responsibility of the endorsing police officer to deliver the warrant to the court services.
Unexecuted warrants remain the responsibility of the ASW.
A place of safety is defined in the Order as ‘any hospital of which the managing Board or HSC Trust is willing temporarily to receive persons who may be taken there under this Order, any police station or any other suitable place the occupier is willing temporarily to receive such persons’.
Each trust has designated ED as a place of safety for general mental health assessment (police powers not used) and for those detained under Articles 129 and 130 MHO.
A police station should only be used as a ‘place of safety’ in exceptional circumstances and for the minimum length of time possible.
By design and functionality, police cells are not suitable for people suffering from a mental disorder and can exacerbate their conditions.
A person, moved to a place of safety, cannot be detained for a period exceeding 48 hours.
The purpose of this detention is to enable the person to be assessed by mental healthcare professionals.
The preferred option at all times is that a patient should be transported via an ambulance.
Police should travel in the ambulance with the person, as police are unable to delegate the authority to convey.
A person should only be transported in a police vehicle in exceptional circumstances.
On the rare occasions that this occurs, the police vehicle should be accompanied by an ambulance vehicle, so that rapid assistance can be provided if a medical emergency arises.
In emergency situations where there is no time to apply for an Article 129 warrant, the circumstances may necessitate recourse to powers of entry to prevent a Breach of the Peace under Common Law or Article 19 PACE (NI) Order 1989 (saving life or limb or preventing serious damage to property).
Police have no power to use force to enter private premises (unless an Article 129 warrant).
Police have no power on private premises to remove a person to a place of safety.
If asked to leave by the occupant, police officers, and any medical staff, must leave immediately (unless a criminal offence has been committed).
Under Article 132 if a patient is absent from hospital without leave being granted, then a Constable can detain that person and return them to hospital.
A patient shall not be taken into custody under this Article after the expiration of the period of 28 days beginning with the first day of their absence without leave.

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Description

This quiz explores the responsibilities of police under the Coroners Act (NI) 1959, focusing on their role in sudden death cases and the reporting procedures. It also addresses adult safeguarding and the complexities of protecting vulnerable adults while working with various organizations.