Police powers after suicide
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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.Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 20230 -
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.0
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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 growing0 -
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.0 -
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.
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.0 -
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 xThere is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter0
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