Page 4829 - Week 15 - Thursday, 16 December 1993
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AMENDMENTS RELATING TO DEATHS IN CUSTODY
MADAM SPEAKER, AS I MENTIONED PREVIOUSLY, THE BILL AMENDS THE CORONERS ACT 1956 TO PROVIDE FOR CORONIAL PROCEDURES IN RESPECT OF DEATHS IN CUSTODY.
THE BILL DEPARTS FROM THE RECOMMENDATIONS OF THE ROYAL COMMISSION IN THREE RESPECTS. THESE RELATE TO THE RECOMMENDATIONS THAT CORONIAL REPORTS ARE TO BE PROVIDED AUTOMATICALLY TO ALL PARTIES WHO APPEARED AT AN INQUEST; THAT A CORONER BE GIVEN POWER TO REQUIRE THE MINISTER RESPONSIBLE FOR THE AGENCY IN WHOSE CUSTODY A PERSON HAS DIED TO GIVE FURTHER EXPLANATIONS IN RESPONSE TO A CORONIAL REPORT; AND THAT A CORONER BE REQUIRED TO APPOINT A LEGAL PRACTITIONER TO ASSIST IN AN INQUEST INTO A DEATH IN CUSTODY NOT LATER THAN 48 HOURS AFTER RECEIVING ADVICE OF THE DEATH. THESE DEPARTURES ARE NOTED IN THE EXPLANATORY MEMORANDUM TO THE BILL.
THE DEPARTURES FROM THESE RECOMMENDATIONS ARE MADE TO PROTECT THE PRIVACY OF THE FAMILY OF THE PERSON WHO HAS DIED AND WHERE TO LEGISLATE STRICTLY ACCORDING TO THE WORDING OF THE RECOMMENDATION WOULD NOT BE ADMINISTRATIVELY FEASIBLE. HOWEVER, PROVISIONS ARE INCLUDED IN THE BILL WHICH DO IMPLEMENT THESE RECOMMENDATIONS SO AS TO GIVE EFFECT TO THE SPIRIT AND INTENT OF THE RECOMMENDATIONS.
A WIDE MEANING IS GIVEN IN THE BILL TO A DEATH IN CUSTODY. THE DEFINITION OF THIS TERM INCLUDES THE DEATH OF A PERSON WHO DIES IN A REMAND CENTRE; WHILE CARRYING OUT A COMMUNITY SERVICE ORDER; WHILE DETAINED OR IN CARE UNDER THE MENTAL HEALTH ACT 1983 OR THE CHILDRENS SERVICES ACT 1986; OR IN THE CUSTODY OF A SHERIFF OR A MEMBER OF THE POLICE FORCE. THE DEATH OF A PERSON WHILE IN, BEING TAKEN INTO OR AFTER BEING TAKEN INTO CUSTODY, OR WHILE ESCAPING OR TRYING TO ESCAPE FROM CUSTODY COMES WITHIN THE MEANING OF A DEATH IN CUSTODY. ALSO INCLUDED IN THE DEFINITION IS THE DEATH OF A PERSON AS A RESULT OF A FATAL INJURY SUSTAINED WHILE IN CUSTODY.
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