Sudden and Unexpected Deaths Investigation Policy

1. Statement of Policy

The aim of this policy and associated Unexpected Death Procedure documents is to provide clear guidance to officers and staff, and to ensure that Heddlu Dyfed-Powys Police provides a transparent and consistent professional response to reports of unexpected death in line with the College of Policing Authorised Professional Practice (APP).

The police have various legal and ethical obligations when attending to reports of unexpected deaths, these include but are not limited to:

• The duty to protect life, reinforced by Article 2 of the European Convention of Human Rights (the right to life)
• The duty to inform the coroners officer of any such death, in accordance with The Coroners and Justice Act 2009

All reports of unexpected deaths must be investigated thoroughly and meet the high standards expected by the family of the deceased, the Courts (Coroner/Criminal/Civil), and the public. A key objective is to ensure the facts and circumstances surrounding the death are fully established and accurately recorded in a timely fashion.

Dyfed-Powys Police recognises the responsibility and accountability required when investigating reports of unexplained deaths. This is an important factor that impacts directly upon the reputation of the Force and affects relationships with partner agencies and public confidence in the organisation.

Applies (but not limited) to: All categories of Dyfed-Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) seconded staff or volunteers.   Any employee accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

The investigation of unexplained deaths is a legitimate policing response to the prevention and detection of crime and supports the Police and Crime Plan.

The process must be fully transparent and auditable.

Reports of unexpected death will often require the deployment of additional resources and the following actions must be considered at the outset of any investigation.

1. Preserve the lives and safety of others at the scene
2. Preserve the scene(s) including the body of the deceased
3. Secure evidence
4. Confirm (verify) death(s) and identify victims
5. Identify any suspects

Failure to comply with this policy and associated legislation and professional practice will represent a vulnerability to Dyfed-Powys Police. The risks associated with non-compliance include, litigation, loss of evidence in criminal proceedings, adverse publicity, and loss of public confidence.

Compliance therefore provides reassurance to partner agencies, victims of crime and the wider community that police powers for the investigation of unexpected deaths are being used effectively and in accordance with statutory responsibilities.

The associated procedure documents provide clarity in respect of roles and responsibilities to all personnel involved in such investigations, and reinforces the standards required by providing direction for the decision-making process. 

 

3.  Powers and Policy/Legal Requirements

Dyfed-Powys Police shall comply with the following legislation and related policy and guidance documents in execution of the statutory requirements in respect of the investigation of unexpected deaths:

Heddlu Dyfed-Powys Police internal documents:

• Guidance to the Bereaved
• Adult at Risk Policy
• Unexpected Deaths Investigation Procedure
• Crime and Incident Recording and Investigation Policy
• Domestic Abuse Policy
• Missing Persons Policy
• Heddlu Dyfed-Powys Police Code of Ethics

External

• College of Policing – Categories of Death
• Ministry of Justice - A Guide to Coroner Services for Bereaved People
• Home Office - Dealing with sudden unexpected death – Police Practice October 2023
• College of Policing - Practice advice: The medical investigation of suspected homicide
• ACPO (2012) Guidelines on Dealing with Cases of Encouraging or Assisted Suicide – this document has now been superseded. The current guidance can be found in the mental health APP, suicide pacts or assisted suicide
• Chief Coroner’s Office Guidance: Post-mortem examinations including second post-mortem examinations
• ACPO (2014) A Guide to Investigating Child Deaths
• National Standards for Incident Recording (NSIR)
• Police and Criminal Evidence Act 1984 (PACE)
• Criminal Procedure and Investigations Act 1996
• Human Rights Act 1998
• Coroners and Justice Act 2009
• Data Protection Act 2018
• Coroners (Investigations) Regulations 2013
• NPCC 2021 - Major Crime Investigation Manual (MCIM) 2021 NPCC
• HSE (2015) Work-related Deaths Protocol: Practical Guide (England and Wales)
• Procedural Response to Unexpected Deaths in Childhood (PRUDiC) 2023
• College of Policing - Suicide and Bereavement Response

 

4. Options and Contingencies

The following Code of Ethics principles are relevant to this policy:

• Accountability
• Integrity
• Openness
• Leadership
• Honesty
• Objectivity

The system of death investigation in England and Wales broadly fits into one of three ways (College of Policing Practice Advice):

• Death which is anticipated due to ill health and where a medical doctor can issue a Medical Certificate of the Cause of Death (MCCD).
• Death where a doctor is unable to issue a MCCD because they had not recently been treating the deceased or because the death was unexpected. The case is then referred to a coroner for investigation. This usually involves the police attending the scene of the death to complete an initial investigation on behalf of the coroner. If the outcome of that investigation is that the death is not suspicious and there is no third-party involvement, the coroner continues with the investigation with the assistance of the Coroner’s Officer.

This may involve the appointment of a non-forensic hospital pathologist to conduct a post-mortem examination to help determine the medical cause of death.

• Death where the outcome of the police investigation is that the case is suspicious. The police then take on primacy in the investigation. In consultation with the police, the coroner appoints a Home Office registered forensic pathologist to conduct the post-mortem examination. Normal non-forensic PME’s and forensic PME’s are very different.  Therefore, if the outcome of an initial police investigation is flawed, and the decision by the police is that the case is not suspicious, there will be no forensic examination of the body and a potential homicide could be missed.

Decision making at the initial scene of Unexpected Death has the potential to ‘miss’ a homicide. To reduce the likelihood of such a miss, it is essential the police service deals with death in a systematic and professional manner.

The College of Policing has identified four categories of unexpected Death investigations:

• Expected Death
• Unexpected Death – under investigation
• Unexpected Death – investigated, no suspicious circumstances
• Homicide

Applying these categories will support effective deployment of resources. It is also important that every report of an unexpected death is properly classified on the force crime recording system.

 

5.  Take action and review

Investigation of reports of death, expected or unexpected, is a highly sensitive area of policing and must have robust review procedures to ensure this policy is effective and is being adhered to by officers and staff. This policy must be understood in the first instance by personnel undertaking the Key Roles. The policy however applies to all officers and staff employed by Dyfed-Powys Police.

The Force is also part of the wider policing family whereby nominated representatives collaborate with colleagues and partner agencies on a regional and national level to ensure any emerging issues, changes to legislation or practices and procedures are considered, disseminated, and where required, adopted by the Force.

Accountability for compliance and adherence to this policy and associated procedures of investigating unexpected deaths will be overseen and monitored by the Head of CID or, a Designated Deputy.

This Policy will be reviewed by the Detective Inspector, CID, HQ on an annual basis.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: November 2023