Page 47 - When Things Go Wrong

how families in death in custody cases are generally treated”. 120 A further
example cited by INQUEST related to a custody suicide. In the week before
the death, the mother of the bereaved had had her car stolen; within 24 hours
she had received a telephone call and been provided with a leaflet from Victim
Support. She received no such support the following week from the coronial
system. We do not see any principled reason for the difference in treatment.

3.4 The Code of Practice for Victims of Crime (the “Victims Code”) is the
statutory code that sets out the minimum level of service that victims should
receive from the criminal justice system. 121 Where a victim of crime has died,
close relatives of the deceased are entitled to receive services under the Code
as victims of the most serious crime. 122 There are, of course, elements of the
Victims Code that do not translate to death investigations. For example,
victims in the criminal jurisdiction are not interested persons and will not have
legal representation.

3.5 However, we would suggest that investigators, coroners’ offices and inquiry
teams should reconsider their Protocols in line with the Victims Code, to
ensure that bereaved people are treated in a manner that is dignified and
promotes participation. Bereaved people and survivors in investigations
into contentious deaths should be afforded the relevant entitlements
outlined in the Victims Code. These may include conducting a needs
assessment to identify what support is required; interviewing without
unjustified delay and limiting the number of interviews to those that are strictly
necessary (see para 3.14 below); arranging court familiarisation visits;
providing expenses for travel to inquests, subsistence and counselling; and
affording a route for administrative complaints, with a full response to any
complaints made.

120 Ibid.
121 Ministry of Justice, Code of Practice for Victims of Crime (2015).
122 Ibid, Introduction, para 23.
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