The Role of the Coroner in a Mass Fatality

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Annabel Booker
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1 The Role of the Coroner in a Mass Fatality Michael Singleton H M Coroner Blackburn Hyndburn & Ribble Valley The legal framework The relevant case law How this translates into the role of the Coroner The UKDVI Cadre of Advisory Coroners The challenges of the Coroner in the new age Coroner and Justice Act 2009 S1 Duty to investigate certain deaths (1) A coroner who is made aware that the body of a deceased person is within that coroner s area must as soon as practicable conduct an investigation into the person s death if the coroner has reason to suspect that (a) the deceased died a violent or unnatural death, (b) the cause of death is unknown. (4) A coroner who has reason to believe that (a) a death has occurred in or near the coroner s area, (b) the circumstances are such that there should be an investigation, but (c) the body is not recovered due to destruction, loss or absence may report the matter to the Chief Coroner who may direct a coroner to conduct an investigation into the death. 1

2 s2 Request for other coroner to conduct investigation Coroner A may request coroner B to conduct the investigation s3 Direction for other coroner to conduct investigation Chief Coroner may direct coroner B to conduct an investigation instead of coroner A S5 Matters to be ascertained (a) who the deceased was; (b) how, when and where the deceased came by his or her death S 14 Post-mortem Examinations (1) A coroner may request a suitable practitioner to make a post-mortem examination of a body. (2) A request may specify the kind of examination to be made. 2

3 S 15 Power to remove body A coroner who needs to request a postmortem examination may order the body to be removed to any suitable place. The Coroners (Investigations) Regulations 2013 Reg 12 Where a coroner is informed by a chief officer of police that a homicide offence is suspected in connection with the death of the deceased, the coroner must consult the chief officer of police in regards to who should make the post-mortem examination. Reg 13 The coroner must notify the following persons of the date, time, and place at which the post-mortem examination is made unless impracticable (a) the personal representative or the next of kin of the deceased or any other interested person who has notified the coroner of his or her desire to be represented at the pm (b) the deceased s medical practitioner (c) if the deceased died in hospital, the hospital (f) the chief officer of police if he has notified the coroner of his desire to be represented at the pm The entitlement is to be represented by a medical practitioner except that the chief officer of police may be represented by a member of the police force 3

4 Reg 20 (1) A coroner must release the body for burial or cremation as soon as is reasonably practicable (2) Where a coroner cannot release the body within 28 days of being made aware that the body is within his or her area, the coroner must notify the next of kin or personal representative of the deceased of the delay. Case Law R v West Yorkshire Coroner ex parte Smith [1983] QB 335 relates to deaths abroad R v Bristol Coroner ex parte Kerr [1974] 2All E R 719 the basic principle at common law is that there is no property in a body, that is to say that a body cannot be owned, or regarded as the property of another, however the coroner s authority over the physical control of the body arises as soon as he decides to hold an inquest and lasts at common law until the inquest itself is determined Role of the Coroner In consultation with the relevant council and police to initiate the establishment of the emergency mortuary. To authorise the removal of bodies of victims. To appoint a supervising pathologist and authorise the examination of bodies to find a cause of death. 4

5 To chair the Identification Commission and take reasonable steps to identify the deceased. To organise the collection of data concerning those whose bodies may be irrecoverable but who were believed to be victims of the event. To liaise and co-operate with other Coroners who may also have bodies of victims arising from the same event. To authorise the disposal of those bodies after appropriate examination and documentation is complete to those lawfully entitled. At all times to liaise with the relevant emergency services and Government departments. The UKDVI Cadre of Advisory Coroners A cadre of 21 Senior Coroners who have undergone extensive training in the DVI process. The role is to:- (i) at the request of the incident coroner to advise and offer direction, (ii) at the request of government departments provide advice on UKDVI at home and abroad, (iii) give assistance to LRFs in the development of mass fatality plans, (iv) give expert advice on mass fatality exercises and training events. 5

6 The challenges of the coroner in the new age Managing expectations Turning social media from a threat to an opportunity Embracing new technologies 6

Judge Deborah Marshall Chief Coroner. Auckland, June 2015

Judge Deborah Marshall Chief Coroner Auckland, June 2015 1) The role of the coroner 2) Recommendations and comments of the coroners 3) Application to New Zealand citizens overseas 4) Requirements coroners