Recommendation 158

This recommendation is assigned to CSNSW and Justice Health NSW.

Recommendation

That, while recognising the importance of preserving the scene of a death in custody for forensic examination, the first priority for officers finding a person, apparently dead, should be to attempt resuscitation and to seek medical assistance.

Context

The Royal Commission Report emphasised that preservation of life is the primary consideration when responding to a death in custody and that preservation of the scene for forensic examination is secondary and used a case study to illustrate the point. Recommendation 158 is directed at ensuring responding officers attempt resuscitation and seek medical assistance first.

Detail of implementation

CSNSW policy outlines that the safety of persons and emergency medical assistance take precedence over the preservation of evidence at a crime scene.  CSNSW officers must ensure that health staff have immediate, safe and direct access to inmates/patients.

This is implemented and is reflected in COPP section 13.8 Crime scene preservation, specifically instructing staff:

2.1 Priorities 

The following priorities take precedence over the preservation of evidence at a crime scene: 

• Safety of persons: protect life and remove persons from danger. 

• Emergency medical assistance: provide first aid and professional medical assistance to the injured.

Justice Health NSW are supportive of this recommendation and the specific instructions to CSNSW staff in COPP section 13.8 Crime scene preservation to protect life, remove persons from danger and provide first aid. 

In medical emergencies, it is the responsibility of CSNSW officers to ensure that health staff members have immediate, safe and direct access to patients. Justice Health NSW staff follow Justice Health NSW Emergency Response Guidelines and utilise Emergency Response Bags Trolley.

Evidence

• COPP section 13.8 Crime scene preservation