Police powers after suicide

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  • onomatopoeia99
    onomatopoeia99 Posts: 6,951
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    My understanding, which comes from a different situation to the one outlined, is that the police can't just destroy someone else's data, they need a court order to do so.

    If you want the data on the phone preserved, talk to the police and tell them so. If you get nothing that way, pay a solicitor, as even if the one you talk to doesn't know for certain (the law is vast and continually changing) they will be able to find out from a specialist that does.
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  • TonyMMM
    TonyMMM Posts: 3,376
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    This case will be subject of an inquest - the coroner , or their officer's, are the ones to speak to. The police must act under the direction of the coroner.
  • rpc
    rpc Posts: 2,353 Forumite
    TonyMMM wrote: »
    The police must act under the direction of the coroner.

    But even the coroner cannot simply direct the destruction of personal property.

    There are cases when the police are entitled to do this, but so far as I know they all require a court order (from the mags, not the coroner).
  • MJay
    MJay Posts: 148
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    There is no crime involved just the death itself.

    The Family Liaison Officer has now been in touch....

    They will NOT wipe the phone! Thank god.

    It seems that there was a miscommunication by the officer involved - or the message taker. Whatever the problem, it was the last thing needed at the moment. Again, thank you all for your compassion and kindness.
    :rotfl: Older and growing
  • TonyMMM
    TonyMMM Posts: 3,376
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    rpc wrote: »
    But even the coroner cannot simply direct the destruction of personal property.

    There are cases when the police are entitled to do this, but so far as I know they all require a court order (from the mags, not the coroner).

    A coroner is a court ( and higher than most) and can issue all sorts of orders, including destruction/retention of property - but glad to hear this has been sorted out.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    TonyMMM wrote: »
    A coroner is a court ( and higher than most) and can issue all sorts of orders, including destruction/retention of property - but glad to hear this has been sorted out.



    A coroner is a court of sorts, it's a judicial office in a local authority.


    However a coroner would not make orders for destruction of property, their duty is solely to:


    Coroners inquire into the causes and circumstance of a death under section 5 of the Coroners and Justice Act 2009; inquiries are directed solely to ascertain:
    • who the deceased was;
    • how, when and where the deceased came by his or her death; and,
    • the particulars (if any) required by the Births Deaths and Registrations Act 1953 to be registered concerning the death.
    A Coroner will conduct an investigation (legal inquiry) when informed the body of a person (the 'deceased') is lying within their district (geographical 'jurisdiction'). However, following the commencement of the Coroners (Investigations) Regulations 2013 the Coroner will no longer be restricted to holding inquests within their own districts and will have the option to relocate if it is in the interests of the bereaved family.
    The Coroner is expected to open an inquest where there is reasonable suspicion that the deceased has died a violent or unnatural death, where the cause of death is unknown or if the deceased died while in custody or state detention as defined by section 1(2) of the Coroners and Justice Act 2009.


    In addition, the Coroner will also investigate where the deceased has not been seen by the doctor issuing the medical certificate, or during the 14 days before the death.
  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    So sorry for your loss.

    We also lost a close family member to suicide and it was a very difficult time, still is in some ways.

    I wish you well and hope you and your family have support in place to deal with this distressing situation x
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
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