Public Protection and Safety PPS08 PDF

Public Protection and Safety PPS08 Sudden Death Introduction A sudden death, whether in suspicious or non-suspicious circumstances, involves the loss of a loved one and will be a shock to the bereaved family. They will be experiencing a variety of emotions and the presence of uniform...

Public Protection and Safety PPS08 Sudden Death Introduction A sudden death, whether in suspicious or non-suspicious circumstances, involves the loss of a loved one and will be a shock to the bereaved family. They will be experiencing a variety of emotions and the presence of uniformed police officers may be upsetting for them. With this in mind it is important to consider how you as a Police Officer conduct yourself when dealing with and / or investigating the circumstances around a death. These notes will introduce you to the following: Role of police at a sudden death. Types of sudden death that you may be tasked to. Notifying the coroner. Removal of the remains from the scene. Service forms. The investigation of suspicious & non-suspicious deaths. Scene preservation. Deaths occurring under specific circumstances. Responding to a death by suicide. Retention of human tissue. As a result these notes will provide you with a wide ranging basis upon which to explore this topic and expand your operational knowledge on responding to, dealing with and investigating sudden deaths. OFFICIAL [PUBLIC] Page 206  Statutory Duty - Section 8 of the Coroners Act (NI) 1959 provides: “Whenever a dead body is found, or an unexpected or unexplained death, or a death attended by suspicious circumstances, occurs, the Superintendent within whose district the body is found, or the death occurs, shall give or cause to be given immediate notice in writing thereof to the coroner within whose district the body is found or the death occurs, together with such information also in writing as he is able to obtain concerning the finding of the body or concerning the death.”. Role of Police at a 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. As a result of this, police are acting on behalf of the coroner and as such are officially an agent of the coroner. What Does this Mean? Where the PSNI is called to attend the scene of a death, the PSNI will act as the coroners’ agent for the purpose of reporting the death, taking possession of the body, reporting information and gathering evidence. Essentially this means that it is necessary for police to undertake initial investigations to enable the coroner to make a decision on whether a need exists for a post-mortem examination and / or a coroner’s inquest. The police also have responsibility for conducting a sufficient initial investigation to enable the pathologist to understand the circumstances of the death, which will, in turn, enable him / her to conduct an appropriate investigation of the body. In addition to the first officer responding, a Sergeant must attend the scene of every death. The Sergeant should be satisfied as to the proper extent of the police enquiries being made or required to be made into the incident and make an initial assessment as to the nature and cause of death. The investigation should include house-to-house or OFFICIAL [PUBLIC] Page 207 local enquiries if deemed necessary by the Sergeant given the circumstances of the death and based on the geography of the area. A record must be kept of the enquiries made. A Reactive Organised Crime (ROC) Detective Sergeant should be tasked immediately to attend the scene where the Sergeant believes that the death is suspicious. In these cases a phone call from the ROC Detective Sergeant is not acceptable; they must physically attend the scene. With this in mind it will be important that you introduce yourself to a bereaved family and explain/clarify that you are acting on behalf of the coroner. It is also necessary that you take time to explain what you require from them in terms of information about the deceased. This will be discussed within the lesson when addressing an investigative mind-set. However it is important that you are familiar with the paperwork involved in attending such incidents as sudden deaths. All or some of these forms will be used when you are gathering the information required for the coroner and/or pathologist. The forms you may require to complete are: Form P1 Form 19 Form P4 Form SD1. When you have gathered the appropriate information you will need to speak with the coroner’s office via telephone on 0300 200 7811 and provide them with details surrounding the circumstance of the death. Types of Sudden Death The only cases that will not involve the coroner are those in which a medical certificate of cause of death is issued by an attending doctor. Please remember that if you attend a death and a doctor signs a death certificate, you are simply required to advise the deceased’s family that their chosen undertaker will now assist them. There will be no further police or coronial involvement. OFFICIAL [PUBLIC] Page 208 The following are different types of death that police investigate, solely as an agent for the coroner: Non-suspicious deaths. Suicides i.e. where a person has taken their own life deliberately and there is no suspicion of involvement by another party. Fatal road traffic collisions where the deceased was the only driver involved in the collision. Key Learning Point If a deceased person has not been seen (as a patient) by their doctor within the 28 days preceding their death, a death certificate cannot be issued. Either the coroner will register the death or direct that a post mortem examination be conducted.. Police have additional responsibilities in circumstances where it is possible that an offence has been committed in the circumstances surrounding the person’s death. In addition to providing information and evidence to enable the coroner to fulfil their obligations, police have a responsibility to secure and preserve evidence of any criminal offence connected to the person’s death. This includes homicide and deaths resulting from fatal road traffic collisions where a person other than the deceased may have committed an offence. The following definitions assist in understanding the different types of death where police investigation, in addition to acting on behalf of the coroner, will be necessary to secure and preserve evidence with a view to bringing those responsible for the death to justice: Fatal road traffic collisions where the deceased person is not solely responsible for their death. Suspicious deaths, where the circumstances of the death warrant suspicion that OFFICIAL [PUBLIC] Page 209  death may have occurred due to a criminal act. Such deaths will be investigated thoroughly until such time as the possibility of homicide or other criminal act is eliminated. If it is concluded that the death is not suspicious, the Sergeant will appoint a uniform officer to inform the coroner, conduct the investigation and to attend any post mortem. This officer will also prepare an inquest file, if called for by the coroner. Any actions from the coroner’s service will be emailed to the OCMT in the relevant district and work-flowed from there to the I/O via NICHE. Officers should make themselves aware of what is expected of them and fully comply with the issued instructions. Supervisors have a responsibility to ensure that actions are completed in a timely fashion and are reminded of their obligations to manage and quality-assure occurrences and case files on NICHE. Where the death is considered to be suspicious, an appropriately experienced detective from CIB/MIT must attend the post mortem with CSI and/or photographer, as considered appropriate by the SIO (senior investigating officer). Procedure: A post mortem can only be conducted on the authority of the coroner. The coroner should be contacted prior to the removal of a body from the scene. The police will notify the coroner’s office about the death as soon as possible after an initial assessment has been made and before the post- mortem is arranged.. OFFICIAL [PUBLIC] Page 210 What do I Tell the Family if a Post-Mortem is directed? Inform the family next of kin of this fact and that as a result, the coroner’s contracted undertaker will be tasked to transport the remains to the Northern Ireland Regional Forensic Mortuary based at the Royal Victoria Hospital in Belfast. The family will undoubtedly have a number of questions surrounding this it is at this stage that you must explain that a coroner’s liaison officer from the coroner’s service will be in touch with them and that they (not the police) will update them on the post-mortem and arrangements for returning the deceased to them. The coroner’s liaison officer will also provide them with information on bereavement services and support. Removal of Remains from the Scene Where a post-mortem is likely to be required, the remains must be removed to the NI Regional Forensic Mortuary within the Royal Victoria Hospital complex by a contracted coroner’s undertaker. Under no circumstances should any other undertaker be appointed to remove remains to the mortuary on behalf of the coroner. A bereaved family may wish to appoint their own undertaker; police should carefully explain that the removal process is contracted but that following a post-mortem, the family undertaker may take over duties on behalf of the family. Although you are acting as an agent of the coroner when investigating a death, you are also a professional police officer who is governed by the Code of Ethics and Policing with the Community values. Bear in mind that your conduct during an investigation on behalf of the coroner impacts upon the public perception and professional image of the PSNI. As with any enquiry, decisions made in the course of your investigation should be recorded in your notebook and on the relevant OEL log. In cases where a death certificate is issued, the family may nominate an undertaker to remove the remains. OFFICIAL [PUBLIC] Page 211  Remember! Where the coroner’s contracted undertaker is appointed, police should refer to them as such in the presence of the deceased’s family and not by their company name. Procedures At the scene of a suspicious death, CSI personnel will place the remains in a forensic body bag, seal it with a numbered tag and photograph the seal. The contracted undertaker will then transport the remains to the mortuary accompanied by police. In the case of a fatal RTC, CSI do not always attend, depending on the circumstances. The remains must still be placed in a forensic body bag as this clarifies to mortuary staff that the death is not a routine, non-suspicious death. In circumstances where there is no suspicion of a crime having been committed but the body has to go to the mortuary pending a decision re the issue of a death certificate, police are not required to accompany the body. They must however complete a mortuary admission sheet (Form P4) which accompanies the body to the mortuary. Where a death is treated as suspicious, the SIO or, if none appointed, the IO is responsible for ensuring continuity of the body. The Forensic mortuary must be used in all suspicious deaths and obvious homicides. The SIO / IO must designate an officer to accompany the body from the crime scene to the mortuary, and to identify the body to the pathologist. Service Forms There are 4 forms that are used for the various deaths that you as a first responder will need to complete, and this will be dependent on the type of death that you are attending. These are: OFFICIAL [PUBLIC] Page 212  Form 19: Police report of sudden death Completed in all cases where police are called to a sudden death. Form P1: Details required for coroners post-mortem examinations Completed whenever the coroner has directed a post-mortem. Form P4: Mortuary admission form Completed when there is no suspicion of crime but the remains have to go to the mortuary for a post-mortem. Form SD1: Incidents of suspected suicide Completed in all incidents were suicide is suspected and it is used to provide support to the next of kin. Terms: MIT – Major incident team. CSI – Crime scene investigator. CIB – Criminal investigations branch. SIO – Senior investigating officer. IO – Investigating officer. RTC – Road traffic collision. OFFICIAL [PUBLIC] Page 213 Public Protection and Safety PPS09 Adults at Risk and Mental Health Introduction Safeguarding adults is complex and challenging, and requires careful professional judgement. As in many other aspects of policing, working in partnership with statutory and voluntary organisations is vital in ensuring adults at risk are safeguarded. These notes provide information on adult safeguarding and how the Police Service of Northern Ireland should respond to adults at risk of harm, and adults in need of protection, through criminal investigations, safeguarding activity and normal contact. Definition – Adult at Risk of Harm An adult at risk of harm is a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their: i. Personal characteristics (may include but are not limited to age, disability, special educational needs, illness, mental or physical frailty or impairment of, or disturbance in, the functioning of the mind or brain); and/or ii. Life circumstances (may include, but are not limited to, isolation, socio-economic factors and environmental living conditions); OFFICIAL [PUBLIC] Page 215 Definition – Adult in need of Protection An adult in need of protection is an adult at risk of harm and i. who is unable to protect their own well-being, property, assets, rights or other interests; and ii. where the action or inaction of another person or persons is causing, or is likely to cause, him/her to be harmed. Points to Prove Remember. Before an adult can be deemed in need of protection, they must first meet the criteria of an adult at risk of harm. Meaning of Terms Harm Harm is defined as the impact on the victim of abuse, exploitation or neglect. Abuse The main forms of abuse are physical, sexual, psychological/emotional, financial and institutional. Exploitation Exploitation is the deliberate maltreatment, manipulation, or abuse of power and control over another person. Neglect Neglect occurs when a person deliberately withholds, or fails to provide, appropriate and adequate care and support, which is required by another adult. OFFICIAL [PUBLIC] Page 216 Method of Proving these Points 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 an adult at risk of harm, unless they also have a mental illness or disability. A person with a physical disability or an older person may not deem themselves as being an adult at risk of harm, and may not wish to be dealt with under these procedures. In cases such as these, the incident can be investigated as normal, unless there is a concern that they do not have capacity to make these decisions for themselves. 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. You will come into contact with numerous adults in your day to day duties. Adults at risk of harm must be referred to social services. Each of the 5 Health and Social Care Trusts have teams responsible for adult safeguarding, and you will need to obtain the telephone number for your trust area when you arrive in district. 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. Risk increases the more the offender has a position of trust or responsibility towards the victim i.e. family member caring for the victim, or the victim resides in a residential nursing home and the offender is a member of a staff. 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. If the investigation is joint protocol, then an appropriately trained police officer must be involved with strategy discussions with social services, carry out a pre-interview assessment with the victim and conduct the OFFICIAL [PUBLIC] Page 217 (achieving best evidence digitally recorded) ABE interview. Only those police officers trained in joint protocol will carry out the specific functions above, but you may still be the investigating officer. As you were taught in the PEACE lesson, witness classification is vitally important as defined in the Criminal Evidence (NI) Order 1999. It is the responsibility of police to identify whether a witness falls within the criteria of Article 4 (vulnerable witness), or Article 5 (intimidated witness) and to apply for the relevant special measures. If this investigation is conducted under joint protocol arrangements, then specially trained officers will carry out these functions. It may well be the case that you identify; for example, that the victim meets the criteria, of Article 4 (vulnerable witness). You will need to discuss special measures with them and record your rationale as to why they meet the criteria and what special measures may apply. If an ABE is required then you will need to find a suitably trained officer from your district to conduct the ABE interview. There have been cases where officers have failed to assess the victim/witness, and a statement has simply been recorded. The problem with this is that the opportunity to record the victim’s evidence by ABE has been lost, with the implication that the victim may not be able to give their evidence-in-chief in person. PPS may well decide not to proceed with the case due to this, which means we have let the victim down and failed to bring the offender to justice. Procedures Service instruction (SI2517) – Adult safeguarding. Service instruction (S11317) – supporting victims and witnesses Partners Health and Social Care Trust. Non-statutory organisations (including charities). Support hub. OFFICIAL [PUBLIC] Page 218  Key Learning points You must assess your witness and decide whether special measures may be suitable as per the Criminal Evidence (NI) Order 1999 and the victim charter. Consider the use of a registered intermediary. C7 will investigate crimes where there has been an abuse of trust by a carer, or family member of an adult in need of protection. You must deal with adult safeguarding situations as they unfold. Do not think ‘someone’ else will see to this. Inform a supervisor if a referral is required, or you need advice. Deal with immediate safeguarding and investigative actions, and never leave a victim alone with the offender.. OFFICIAL [PUBLIC] Page 219 Mental health The Mental Health (NI) Order 1986 is legislation which governs the care, treatment, and protection of people, who experience mental illness. The legislation provides specific police powers in order to safeguard those suffering from mental illness, including removal to a place of safety for assessment. Mental disorder is a generic term that is used throughout the Order, to refer to everyone, to whom the Order as a whole applies. No person shall be treated under this Order as suffering from mental disorder, or from any form of mental disorder, by reason only of personality disorder, promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs. The Mental Health (NI) Order 1986 has its own code of practice which states that any intervention should be to the ‘least degree’. Therefore, police should not be using police powers if it is not required i.e. the individual is willing to accept assistance and is compliant. Police Powers Article 130 (1) of the Mental Health Order (MHO) empowers a police constable, who finds a person in ‘a place to which the public have access’ who appears to be mentally disordered and to require immediate care and control, to take that person to a place of safety. The police officer who removed the person has a duty under:- Article 130 (3) of the Order to inform, where practicable, the nearest relative and a responsible person. Article 130 (2) permits detention at the place of safety for a maximum of 48 hours to allow for a mental health assessment. Once an individual has been handed over to Emergency Department (ED) staff there is no legal requirement under the MHO for police to remain pending that assessment, but the code of practice directs that the joint protocol be put in place, to manage the risk to all concerned. In practice, this means that police officers and ED staff will need to share information and agree a risk assessment. This is recorded on the ED risk assessment form and will determine whether ED staff can safely care for the individual concerned, allowing police to resume their duties. OFFICIAL [PUBLIC] Page 220 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 she / he is 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. Place of Safety 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. OFFICIAL [PUBLIC] Page 221 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. Maximum Detention Period under Articles 129 and 130 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. Conveying a Person Detained under the MHO 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. These exceptional circumstances might include when the person whose detention is sought, is behaving in a way that might cause serious harm to themselves, is extremely violent, is making threats against others involved in the conveyance process or is causing a serious Breach of Peace. 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. Police Powers – Private Property 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). REMEMBER: In relation to mental health only with no criminal offences or Breach of Peace being committed:- 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 OFFICIAL [PUBLIC] Page 222  asked to leave by the occupant police officers, and any medical staff, must leave immediately (unless a criminal offence has been committed). This is why a 129 warrant is important to deal with cases on private premises. Further Police Powers under the MHO 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 his absence without leave. Under Article 42(10) an accused person may be remanded to hospital for a report on his mental health condition, and a constable may arrest this person, if they abscond, and return them to the court. Under Article 45(6), a person, who is subject to an interim hospital order, absconds a Constable may arrest and take that person to the court that remanded them. Under Article 132 if a person who is detained under Articles 129 or 130, who escapes while being taken to or detained in a place of safety, can be retaken by a Constable and returned to or taken to the place of safety. They shall not be retaken under this Article after the expiry of 48 hours beginning from the time they escaped. Patient Restraint If persons are being transferred from a public place to a place of safety, the police have the power to use reasonable force, if necessary, in the exercise of powers under Article 130. As the power to detain under Article 130 is a preserved power of arrest under schedule 2 of PACE, then Article 88 PACE permits a Constable to use reasonable force enacting any power under PACE. Police Powers at Hospital There is no specific police power under the MHO for police to assist in the controlling or restraining of patients already within hospital. The MHO order allows hospital staff to detain and treat patients. However, if a crime is committed or about to be committed OFFICIAL [PUBLIC] Page 223  then a police officer can take whatever action is necessary. An example would be a patient who is physically attacking staff. Constables could use reasonable force under Section 3 of the Criminal Law Act 1967 to prevent the assault. Common Law is also available to police officers (or anyone else for that matter), to take steps which are reasonable, necessary and proportionate to protect others from immediate risk of significant harm. Hospital staff normally manage these risks, without involving the police, but officers must be mindful that they have a duty to prevent and investigate crime, and to safeguard all those concerned. Key learning point Article 130 cannot be used in a private place (hence the importance of Article 129 warrant). You must find the person in a public place for Article 130 to apply. The courts have directed, that to entice someone into a public place, is unlawful detention. The power of arrest for Article 130 detention is under schedule 2 PACE. There is no need to caution. As the power of arrest is under PACE, any use of force is covered under Article 88 PACE. There is a use of force specifically covered when using Article 129 warrants. A constable must accompany someone arrested under Article 130(1), as responsibility for conveyance cannot be delegated. You must record the salient points and details of those involved and provide this information to CRU. It must be clear why a referral is being made.. OFFICIAL [PUBLIC] Page 224