The explanatory notes provide an explanation of the scope and methodology of the National Deaths in Custody Program (NDICP) and data presented on the Deaths in custody in Australia real-time dashboard and quarterly dashboard.
Scope
The final report of the Royal Commission into Aboriginal Deaths in Custody (1991, recommendation 41) outlined the types of deaths that would require notification to the NDICP. They are:
- a death, wherever occurring, of a person who is in prison custody, police custody or youth detention;
- a death, wherever occurring, of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper care, while in such custody or detention;
- a death, wherever occurring, of a person who dies, or is fatally injured, in the process of police or prison officers attempting to detain that person; or
- a death, wherever occurring, of a person attempting to escape from prison, police custody or youth detention.
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Box 1: Definitions of deaths in custody |
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Deaths in prison custody |
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Deaths in prison custody include deaths that occur in prison or youth detention facilities. This also includes the deaths that occur during transfer to or from prison or youth detention centres, or in medical facilities following transfer from adult or youth detention centres (RCIADIC 1991). |
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Deaths in police custody |
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Deaths in police custody are divided into two main categories:a Category 1
Category 2 Other deaths during custody-related police operations. This would cover situations where officers did not have such close contact with the person to be able to significantly influence or control the person’s behaviour. It would include most sieges, as described above, and most cases where officers were attempting to detain a person—for example, a pursuit. |
a: This definition of a ‘death in police custody’ is based on a 1994 resolution of the Australasian Police Ministers’ Council. Category 1(a) deaths have been included in the NDICP since 1980, whereas data on police operational deaths (category 1(b) and category 2 deaths) have been collected by the NDICP since 1990
There are several key differences between the scope of the NDICP and legislated definitions of deaths in custody for coronial purposes. Thus, deaths that may require notification to the coroner under state or territory legislation may not fall within the scope of the NDICP. More information about deaths that are deemed to be borderline or out-of-scope can be found under Borderline and out-of-scope cases below.
Data collection and coding
Real-time data
Data published on the real-time dashboard are drawn from NDICP data collection forms provided by state and territory police services, correctional departments and youth justice agencies. These data are not verified prior to publication.
Quarterly and annual data and verification processes
At the end of each quarter, deaths in custody data provided by state and territory police services, correctional departments and youth justice agencies are cross-referenced with coronial records sourced from the National Coronial Information System. The Australian Institute of Criminology (AIC) has access to open cases (those for which the coronial investigation has not been finalised) and closed cases (those for which the coronial investigation has been finalised and the coroner has made a finding) from all jurisdictions.
The AIC confirms deaths in custody data with data providers at the end of each quarter, prior to preparation of the Deaths in custody in Australia quarterly dashboard, and again prior to preparation of the Deaths in custody in Australia annual report.
Following the quarterly and annual verification processes, data may be revised on the real-time dashboard.
Preliminary nature of real-time dashboard data
Real-time deaths in custody data are based on preliminary data. Preliminary data are not cross-referenced against coronial information and have not been confirmed with data providers prior to publication. As such, these data are subject to further revisions and may differ to data published on the Deaths in custody in Australia quarterly dashboard and in the Deaths in custody in Australia annual report. Analyses of data in previous years have shown little difference between initial supply of data and verified data.
Data revisions
NDICP data are reviewed regularly and updated where further information is available. Consequently, numbers may differ between real-time and quarterly dashboards and annual reports.
Borderline and out-of-scope cases
Borderline cases
The NDICP uses the definition of a death in custody recommended by the RCIADIC in determining whether cases should or should not be included in the NDICP database. While most cases are straightforward and clearly fall within the definition, every year there are some cases where it is unclear whether the death should be classified as a death in custody.
For the purposes of the NDICP, a person is considered to be in custody when they are not free to leave the detention or arrest of police or corrections officials. As outlined in the definitions in Box 1, this includes deaths that occur in a hospital if the injury or illness suffered while in custody caused or contributed to that death. In cases where police were clearly in the process of detaining or attempting to detain a person immediately prior to their death, such as during shootings, sieges, raids and pursuits, the person is considered to have been in custody at the time of death. In all cases, the question of inclusion centres on whether the deceased was in custody at the time of death.
Borderline cases are excluded from analysis pending their coronial outcome. This can mean a delay of up to several years before data on these particular cases are included, as it may take months or years for a case to be heard in the relevant coroner’s court. Despite this, relying on coronial decisions ensures the integrity and reliability of the NDICP over the longer term, as coronial findings are legally binding determinations based on all available evidence.
Out-of-scope cases
The NDICP collects information about the incidence and circumstances of deaths of people who are detained, who are in the process of being detained or who are escaping. Therefore, the NDICP only monitors deaths of people who are in custody or who are alleged offenders. The program does not include deaths of people who are clients of police services or innocent bystanders who die in the course of a police operation. Consequently, deaths in the following circumstances are not recorded as a death in police custody in the NDICP:
- deaths during operations such as search and rescue, and evacuations, where the deceased was not being detained or in the process of being detained for breaching the law;
- deaths during operations to prevent a suicide, where the purpose was not to detain the deceased due to a breach of the law—for example, where police were responding to a concern for welfare notice and were attempting to stop a person suiciding, and the person was not threatening harm to others or not otherwise being sought by police;
- deaths of innocent bystanders killed during a police operation (eg a pedestrian or passenger who dies as a result of a motor vehicle pursuit and who the police were not seeking to detain). If the deceased passenger was involved in committing an offence such as an armed robbery or motor vehicle theft prior to the pursuit commencing, the death falls within the scope of the NDICP.