Information for bereaved families and friends following murder or culpable homicide

Section 2: What you need to know now

The next few pages will tell you things you may want to know straight away.

2.1 Identifying the person who was killed

After someone has died, they are taken to a hospital mortuary or a local authority mortuary.

The next step is a post mortem examination to establish the cause of death. Before the post mortem can take place, the deceased person must be identified by two people who knew them. It is not essential that these are nearest relatives. Identification can sometimes be done using a video link.

If you are not one of the people who identifies the body, you can still choose whether or not to see the person at a later time. You can discuss this with the FLO.

There are times when, because of the injuries sustained by the person, the police cannot positively identify them. In these cases, identification is made by other methods such as dental records, fingerprints and DNA from, for example, a hairbrush or toothbrush. In some cases DNA samples taken from mouth swabs of blood relatives may be required. The FLO will explain the reasons for these and how they are used to identify the victim.

2.2 Seeing the body

Deciding whether to see someone who has died is difficult enough in ordinary circumstances. If they have been killed in a violent way, this may make the decision even more difficult.

You may be worried about how the body will look because of the circumstances of the death. The police may be able to tell you the nature of the injuries but they will not normally be able to discuss them in any detail. Some information may have to be held back so that it does not affect (prejudice) the prosecution case. The police will tell you if they have to withhold information from you and why. It is important you are aware that this is happening and that more information may come out during the trial.

Being worried or nervous about seeing the body is perfectly normal. You may feel that it will not seem real, or you may not want your last memory of the person to be in a coffin or at the mortuary. You may choose to say goodbye or remember someone as they were. If you do decide to see the body, you should expect it to feel cold to the touch. In most cases, you will not be able to touch the body until it is released for burial or cremation.

Seeing the person who was killed can be the first step towards handling grief and helping you face the reality of death. Some people who decide not to see them can find it harder to accept their death.

You may not be able to see them until after a post mortem has been carried out. This is because forensic evidence is often found on the clothes and from the body during the post mortem. This may help to identify and convict a suspect so it is important that the evidence is preserved. The FLO will explain why you can or cannot see the body, and if you can, whether you can touch them or not.

2.3 Telling people about the death

The police will try to inform the nearest relatives about a death as quickly as possible. They may not know everyone who should be contacted, so let them know if there is someone you think they should contact on your behalf, or you may want to contact people yourself.

As indicated in section 1.2, if your family is estranged or separated, the FLO may need to tell other people about the death because of their relationship to the deceased person.

Losing someone in these circumstances is shattering. Organisations which can offer support are listed in section 7 and there is space in section 1.1 for you to keep a note of their contact details.

2.4 Personal possessions and property

Personal possessions

Part of the police investigation will be to gather forensic evidence (the scientific evidence collected from the crime scene, the body of the deceased and from other people). This may mean the police need to take away personal possessions which belonged to the person who was killed. This can include clothes and jewellery. The FLO or VIA officer will tell you the reason for this.

Some of the items may be needed as evidence in a prosecution. They will usually be returned after the trial (or after an appeal, if there is one). It may not always be possible to return everything to you as some items may be contaminated and unsafe. If this is the case, the VIA officer will explain what this means.

You should let the VIA officer know of any items which are particularly precious to you and every effort will be made to return them. The VIA officer will also tell you if any of the property is damaged, or has been altered so that it can be used as evidence. You can then decide whether you want to have that item returned.

If possessions are to be used as evidence in a prosecution, they may not be returned for some time. They will normally be returned after the trial has finished but, if there is an appeal, their return may be delayed. If no one is charged in relation to the death, the police may need to keep some items - such as clothing worn by the victim - indefinitely.

What if the crime happened in my house?

The police may take possessions from the house if they are relevant to the investigation. They will have to seal the property while evidence is gathered. This may mean you will not be able to get into your home. If this is the case, or it is unreasonable for you to continue to stay in the house, the local authority will help you to find temporary accommodation, if necessary.

The police will take all the evidence they can from your home and let you have access to the property as soon as possible. You may feel you want to clean your home before living in it again, or your home may need to be cleaned before you can live in it again. In some cases the landlord or your household insurers can arrange for the cleaning to be done. You can ask your FLO or a Victim Support volunteer to make enquiries about this for you.

Even if the crime did not happen in the house, in certain circumstances, the police may still have to carry out a forensic examination or a search of the house. They will explain to you why they are having to do this and try to let you know how long it may take.

2.5 The post mortem examination

What is a post mortem examination?

Shortly after the person has died or the death has been discovered there will be a post mortem examination (a medical examination to determine the cause of death).

If you have cultural, religious or other objections to a post mortem being carried out, you should tell the Procurator Fiscal (PF). They will try to respect your wishes, but it may still be necessary to hold a post mortem, in order to prove criminal charges arising from the death.

A post mortem is carried out by two doctors (called pathologists). The Senior Investigating Officer (SIO) and the PF attend the post mortem. This is to ensure that all available evidence is gathered and to get information from the pathologists to help with the criminal investigation.

Possible delay in making funeral arrangements

More than one post mortem examination may take place if more than one person is charged with an offence to do with the death. You may find this distressing and you should be prepared for a delay while this is being organised.

Where no one is arrested quickly, the Procurator Fiscal may have to delay releasing the body for the funeral. This is to preserve evidence until a suspect is arrested and charged.

Post mortem report

The post mortem report gives details of the medical examination and will, in the majority of cases, give the cause of death. There may be additional laboratory tests carried out to assist in identifying the cause of death. It can take some time for the results of these to become available.

If the post mortem means that it is necessary to remove organs or tissue, the FLO will be able to tell you or discuss any concerns you have. You can ask for the organs or tissue back to arrange to have them buried or cremated, or you can ask the hospital or mortuary to cremate them for you. You should discuss any concerns you have about any of these issues with the FLO or VIA officer.

Where the deceased had expressed a wish to donate organs or tissue for the purposes of transplantation, every effort will be made to try to make this possible. If the cause of death is suspicious however, donation may not always be possible. This is because forensic examination may be required to ensure the best possible evidence. If donation is to proceed in these circumstances the approval of the Procurator Fiscal will be needed.

If you have any questions, you may find it useful to write these down in advance and to make notes of your discussion. It can be hard to remember things during times of stress. You can use the space at the front of this pack for notes.

2.6 Funeral arrangements

When can the funeral take place?

The funeral can take place once the Procurator Fiscal (PF) has given permission to release the body for burial. If you want to have a cremation, tell the Family Liaison Officer as soon as possible because this will require special permission from the PF. If all the accused have been identified and charged and the defence indicate their investigation is complete, the PF can authorise cremation.

In cases of murder and culpable homicide, the funeral may take place some time after the death. This may be linked to the post mortem or collection of evidence. Some religions say that a funeral must happen as soon as possible. If this is the case, you should let the FLO know. The PF will try to respect your wishes but this may not always be possible.

Arranging a funeral

If you are arranging a funeral, you may have many decisions to make - for example, where to hold it, whether to have a burial or a cremation, what should be said at the funeral, who should be invited, whether to ask for flowers or donations, whether or not to have a memorial. A funeral director, your minister or faith leader will be able to discuss the options with you.

You will need to consider if any instructions were left in a will (see section 6.6). You may also want to consider the wishes of others close to the deceased person.

Paying for a funeral

If the deceased person was in work, a death-in-service payment may be available, or the employer may have a benevolent fund which can help. Sometimes an occupational or personal pension scheme will provide a lump sum towards funeral costs. Find out whether the person who died was a member of a cremation society or had a pre-paid funeral plan or an insurance policy to cover the cost of the funeral.

Funerals can be expensive. If you are on a low income, the Government may help with some of the costs of the funeral. A Funeral Payment is available for people with a low income or who are claiming benefits. This can be paid up to 3 months after a funeral has taken place. Contact the DWP Bereavement Service. They can check if you qualify for a Funeral Payment, and can take your claim over the phone.

• Phone 0845 606 0265 then:
• Select the option "if you are calling to tell us about someone who has died, or check what help may be available following a bereavement".

Your local Citizens Advice Bureau may also be able to help answer any questions (the number is in the telephone directory).

Help from the Criminal Injuries Compensation Scheme

You may be eligible to claim the cost of reasonable funeral expenses from the Criminal Injuries Compensation Scheme (CICS). This will be paid to the person paying for the funeral, even if they are not eligible to claim compensation under the terms of the scheme. Account will be taken of your or your loved one's religious and cultural backgrounds.

Further details on the scheme can be found at section 6.3. Victim Support Scotland may be able to assist you with your CICS claim. They can be contacted on 0131 668 4486 (national office) or 0845 603 9213 and 0845 30 30 900 (helplines).

Announcing the death

You may want to put an announcement about the death in the national or local newspapers, giving details of the funeral. The newspaper will advise you how to do this or you can ask your funeral director to arrange things. For security reasons, you may decide not to include your address.

A funeral director can help you consider options, organise the funeral and manage the paperwork. If you decide to use one, you will find the names of local funeral directors in your local telephone directory.

The National Association of Funeral Directors (www.nafd.org.uk or 0845 230 1343) can provide details of funeral directors throughout the UK who comply with quality codes of practice.

2.7 Coping with the media

Co-operating with the media

Newspaper, magazine, television and radio journalists may be interested in the death and any court case that follows. They may telephone you, knock on your door or approach you at a court hearing. They may broadcast or publish your name and address.

Talking to journalists and hearing about a loved one in the media may be distressing. Most journalists will understand if you say you do not want to talk to them. Or you might decide that it would be helpful for journalists to cover the case, for example to make an appeal for information.

You might want to choose a particular family member to speak to the media on your behalf, especially if there is an appeal to the public for information. The Senior Investigating Officer will manage the release of information to the media, to try to get the best possible help from the public to aid the investigation.

On the other hand, you may not be happy to co-operate with the media, and you may find their interest in you, or the person who has been killed, intrusive or distressing. If you do, you should tell the FLO who may be able to handle questions for you.

Journalists may ask for a photograph of the person. You may want to consider how they would want to be seen or remembered. The FLO can arrange for an existing photograph to be altered if necessary - for example, taking an image from a group photo.

What you can and can't say

If you do decide to speak to journalists, you may find it helps to prepare what you want to say in advance. This might take the form of a short statement which you can give out, read or have read for you (for example, by the police or, if you have one, your solicitor). The FLO will help you with this.

If someone is being blamed for the death, it is important that you do not make any public comment about them which might be harmful to a court case. The police or your solicitor will be able to give you advice to ensure you do not say something by accident which may cause problems for the investigation and prosecution.

What can I do if I am unhappy with media reporting or intrusions?

If you are concerned about the way the media is behaving or reporting events, tell the police or your solicitor. They may not be able to stop what is happening, but they may be able to take steps to reduce it or give you advice on how to try to cope with it.

If you are unhappy with a journalist's conduct or think that they have published or broadcast something that is incorrect or unfair, you can make a complaint to the relevant newspaper, TV or radio station. To do this, you can write to the editor or publisher of a newspaper, or the director of a TV or radio station. Sometimes the media offer to print or broadcast an apology. A newspaper or magazine may offer to print a letter from you if you consider this to be appropriate.

The Press Complaints Commission (PCC) can help with physical harassment by the media. The PCC's emergency 24-hour advice service, designed to offer round-the-clock help, is 07659 152656. The PCC will contact the editor concerned and deal with your complaint urgently, aiming to stop any harassment that is occurring. It may also be able to communicate your concerns across the industry via a general "desist" message, which should alleviate the problem. The PCC's guidance on harassment can be read here - http://www.pcc.org.uk/code/advice_for_complainants.html?article=Mzg2Mw.

Journalists are also governed by national codes of practice that require them to respect the privacy and feelings of bereaved people:

The PCC is an independent body which administers the system of self-regulation for newspapers and magazines (and their website). The PCC deals with complaints, framed within the terms of the Editors' Code of Practice, about the editorial content of newspapers and magazines. More information is available at www.pcc.org.uk or telephone 020 7831 0022 (text phone 020 7831 0123). The PCC has published specific guidance which sets out how the PCC can help members of the public cope with media attention following the death of a relative or a friend - http://www.pcc.org.uk/code/advice_for_complainants.html?article=NzE5OA

The PCC can also assist individuals by representing their interests to editors in advance of an article about them being published. There is no need to make a formal complaint to use this service. Please contact the PCC direct if you are concerned about any material about you that is yet to be published.

The Office of Communications (Ofcom) regulates what is broadcast on TV and radio. If you believe that a programme has treated you unfairly or has invaded your privacy either in the making of it and/or its broadcast, then you can make a complaint to Ofcom. A complaint form is available at www.ofcom.org.uk/complain/ or you can ask Ofcom to send a copy of the form to you. This should be done as soon as possible after the broadcast of the programme. You can find out more at www.ofcom.org.uk or by telephoning 0300 123 3333 or 020 7981 3040 (textphone 020 7981 3043).