Podcast
Questions and Answers
What must a killer prove to justify their actions in a homicide case?
What must a killer prove to justify their actions in a homicide case?
- They had a past history of violent behavior.
- They were under extreme emotional distress at the time.
- They intended to kill without any provocation.
- They acted in self-defense or defense of another without a reasonable alternative. (correct)
Which section of the Road Traffic Act 1988 pertains to dangerous driving resulting in death?
Which section of the Road Traffic Act 1988 pertains to dangerous driving resulting in death?
- Section 3ZB
- Section 1 (correct)
- Section 2B
- Section 3A
In what circumstance can the use of force be justified in a homicide case?
In what circumstance can the use of force be justified in a homicide case?
- When the attacker is physically unarmed.
- When the attacker is a stranger.
- When no other reasonable action could prevent serious injury. (correct)
- When the killer is provoked by insulting words.
Which of the following is NOT an offence under the Road Traffic Act 1988?
Which of the following is NOT an offence under the Road Traffic Act 1988?
What is the consequence of causing death by careless or inconsiderate driving?
What is the consequence of causing death by careless or inconsiderate driving?
What is required for a killer to be free from blame in a homicide case?
What is required for a killer to be free from blame in a homicide case?
What does Section 3A of the Road Traffic Act 1988 address?
What does Section 3A of the Road Traffic Act 1988 address?
Which of the following is an example of statutory homicide?
Which of the following is an example of statutory homicide?
What happens to the assets of an individual in Scotland who dies without a Will and has no known relatives?
What happens to the assets of an individual in Scotland who dies without a Will and has no known relatives?
Who is responsible for identifying a Next of Kin when no relatives are known?
Who is responsible for identifying a Next of Kin when no relatives are known?
What should you do if you have doubts about returning keys or property to individuals claiming to be relatives?
What should you do if you have doubts about returning keys or property to individuals claiming to be relatives?
What is required if an individual meeting the criteria of a blood relative is identified during investigations?
What is required if an individual meeting the criteria of a blood relative is identified during investigations?
In the case of a Reportable Police Death, what should continue to be followed?
In the case of a Reportable Police Death, what should continue to be followed?
Who is permitted to receive the property belonging to the deceased?
Who is permitted to receive the property belonging to the deceased?
What does the term 'ultimus haeres' refer to?
What does the term 'ultimus haeres' refer to?
What should be secured immediately upon discovering a deceased individual with no known relatives?
What should be secured immediately upon discovering a deceased individual with no known relatives?
What should be communicated to the funeral director if a death certificate has not been issued?
What should be communicated to the funeral director if a death certificate has not been issued?
In case of a death occurring outside of GP surgery hours, which body should be contacted first?
In case of a death occurring outside of GP surgery hours, which body should be contacted first?
What should be done if the next of kin cannot be established within a reasonable time?
What should be done if the next of kin cannot be established within a reasonable time?
What should the family do after contacting NHS 24 about a death?
What should the family do after contacting NHS 24 about a death?
What steps should you take while waiting for the funeral director or attending doctor to arrive?
What steps should you take while waiting for the funeral director or attending doctor to arrive?
What is the requirement regarding police involvement after a death is reported?
What is the requirement regarding police involvement after a death is reported?
Which statement is true regarding the responsibilities of the next of kin (NOK) when a death is reported?
Which statement is true regarding the responsibilities of the next of kin (NOK) when a death is reported?
How should the funeral director be informed if a death certificate is not yet available?
How should the funeral director be informed if a death certificate is not yet available?
What is the first priority when a death is concluded to be a Police Reportable Death?
What is the first priority when a death is concluded to be a Police Reportable Death?
What type of deaths requires the appointment of a Senior Investigating Officer (SIO)?
What type of deaths requires the appointment of a Senior Investigating Officer (SIO)?
Which department is responsible for directing the investigation after a police reportable death?
Which department is responsible for directing the investigation after a police reportable death?
What must be done to secure the scene of a Police Reportable Death?
What must be done to secure the scene of a Police Reportable Death?
By when must the Scottish Fatalities Investigation Unit receive a death report from the Police?
By when must the Scottish Fatalities Investigation Unit receive a death report from the Police?
What is essential to record accurately in all cases of death?
What is essential to record accurately in all cases of death?
Which action is NOT part of the immediate response to a Police Reportable Death?
Which action is NOT part of the immediate response to a Police Reportable Death?
What is the main focus of the investigation following a Police Reportable Death?
What is the main focus of the investigation following a Police Reportable Death?
What is the recommended way to communicate the details of a death to parents?
What is the recommended way to communicate the details of a death to parents?
Which word should be avoided when referring to the deceased in conversation?
Which word should be avoided when referring to the deceased in conversation?
What information should be provided regarding the post mortem examination?
What information should be provided regarding the post mortem examination?
What is crucial to maintain while explaining the subsequent processes to the family?
What is crucial to maintain while explaining the subsequent processes to the family?
Why is it important to provide privacy for the family during this time?
Why is it important to provide privacy for the family during this time?
Which detail should be clarified with the parents about viewing their son?
Which detail should be clarified with the parents about viewing their son?
What tone should be used when communicating about the situation to the parents?
What tone should be used when communicating about the situation to the parents?
What should be prioritized when informing the family about the death of their loved one?
What should be prioritized when informing the family about the death of their loved one?
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Study Notes
Homicide and Self-Defence
- Homicide is committed with intent to kill or seriously injure, but can be justified if proven to be self-defence.
- Justification for self-defence requires no other reasonable course of action and that only necessary force was used.
- Example: A person kills their attacker while defending against a rape.
Statutory Homicide Under Road Traffic Act 1988
- Section 1: Offense of causing death by dangerous driving.
- Section 2B: Offense of causing death by careless or inconsiderate driving.
- Section 3A: Offense of causing death by careless driving under the influence of drugs or alcohol.
- Section 3ZB: Offense of causing death while driving unlicensed, disqualified, or uninsured.
Arrangements after Death
- If a death has not yet been certified, a funeral director must be informed as no preparatory actions should commence.
- If a death occurs outside surgery hours, the information must be forwarded to NHS 24 who will contact the GP.
- Family should contact the GP when the surgery opens to report the death.
Next of Kin and Management of Assets
- In Scotland, if someone dies without a will or traceable relatives, their assets are managed by the Crown (ultimus haeres).
- The National Ultimus Haeres Unit (NUHU) identifies next of kin and manages assets.
- Keys to the deceased’s property should only be returned to legitimate blood relatives or civil partners.
Reporting Police Reportable Deaths
- Priority is to secure the scene, collect evidence, and ensure a proper investigation.
- Scene entry logs and counter contamination measures should be implemented.
- For certain suspicious deaths, a Senior Investigating Officer (SIO) will be appointed.
- The Scottish Fatalities Investigation Unit directs follow-up investigations and requires the death report promptly.
Communication with the Family
- Provide clear and compassionate communication to the family regarding the death.
- Use straightforward language when conveying information about the deceased.
- Avoid euphemisms; address the deceased by name rather than using the term 'body'.
Post Mortem Procedures
- Explain that a post mortem will occur and identification of the deceased is required.
- Offer to accompany the family during identification and provide compassionate support throughout the process.
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