5. Criminal offences resulting in death - notification to DPP

Within four days of charging a suspect with an offence that has resulted in death, for example, murder, manslaughter, negligent driving causing death, and causing death by dangerous driving, the senior investigating officer must email the Office of the Director of Public Prosecutions at dpp.notifications@ justice.tas.gov.au. The notification must include the following details:

• The date of the notification
• The date of the offence(s)
• The date of arrest/charging
• A list of crime(s) charged
• Any dates the accused has appeared or is to appear in court
• Whether the accused has been remanded in custody or released on bail with conditions, and if so, an outline of the conditions of bail
• The accused’s personal details, including their full name, residential address, date of birth, occupation and relationship to the complainant
• The deceased’s personal details, including their full name and date of birth
• Contact details for the next of kin (or any other person the investigating officer has been liaising with and considers it necessary and appropriate for WAS to have contact with) and a brief outline of any contact that has been had with that person(s)
• An outline of the circumstances of the offence(s)
• Details of any interview conducted with the accused/co-accused, including the date of the interview, a DVD reference number and a summary of any admissions made during the course of the interview
• The name of the accused’s legal representative, if known
• A summary of the forensic or medical evidence obtained
• A summary of the major corroborative witnesses, together with personal details, including their full names, residential addresses and contact numbers
• The names and contact details of the main investigating officers.

If copies of the following documents are unable to be forwarded at the time of the notification, they are to be forwarded within seven days of the notification:

• Copy of any eye witnesses statements
• The complaint containing the charges
• The accused’s interview
• The medical report

Where documents are subsequently released to the accused or defence counsel pursuant to the Right to Information Act 2009 or ss 55(6) or 57(3) of the Justices Act 1959, a scanned copy of those documents should simultaneously be emailed to the Office.

The email will be forwarded to the WAS manager who will allocate the matter to a WAS officer. Within two days of receipt of the notification WAS will contact the senior investigating officer to discuss making contact with the next of kin. Given the sensitive nature of such matters and the possibility of ongoing investigations, WAS will not contact the next of kin until they have confirmed with the senior investigating officer that it is appropriate to do so. After consultation with the senior investigating officer, WAS will contact the next of kin or family member to provide advice as to the usual course of proceedings, with an assurance that the matter will be dealt with as speedily as possible.

In circumstances where the complaint is generated by the Office of the Director of Public Prosecutions, the prosecutor with carriage of the matter will email dpp.notifications@justice.tas.gov.au on the date the complaint is lodged.

Police Prosecution Services will retain carriage of the matter until an election is made. It is recognised that families of a deceased are particularly vulnerable in the criminal justice system. The Office recognises the importance of keeping the next of kin informed of the decision to prosecute or discharge. Where possible, the next of kin is to be kept informed of developments in the progress of the matter.

The decision to prosecute or recommend discharge is considered in the same way as for any indictable crime (see 2. Decision to prosecute - considerations). In most instances, it will involve a discussion with the deceased’s next of kin before a final determination is made. In the event it is determined that an indictment should not be filed, the next of kin will be informed of that decision as early as possible. This is to be conducted by inviting the next of kin into the Office to enable those reasons to be explained to them by the prosecutor. Where possible, a WAS officer will be present when this takes place. The next of kin or family member can request the Director to review the decision and should be informed of this right.