NSW Police Crash Investigation Unit Bridging the information gap between NSW Police and NSW Health Updated June 2014 1
Who is the Crash Investigation Unit? The Crash Investigation Unit (CIU), a specialist unit forming part of the NSW Police Force Traffic and Highway Patrol Command, provides expertise in motor vehicle crash investigation, particularly crashes involving criminal offences. Based in Huntingwood the Metropolitan CIU covers a total area of over 14,000 square kilometres within the Sydney Metro, Central Coast, Blue Mountains and Southern Highlands areas. Regional Crash Investigation Units also exist in Ballina, Bathurst, Lake Illawarra, Newcastle, Kempsey and Tamworth. 2
What incidents do the CIU attend? • Collisions resulting in death or where death is likely • Serious injury crashes where criminal charges are likely • Serious injury crashes where the responsible party cannot be determined or there are conflicting statements • ‘Fail to stop’ collisions with person/s killed or seriously injured • Death or GBH injury crashes where a Police Service vehicle or ‘On Duty Service member’ is involved • A major incident of an unusual nature (tourist/school buses, trains etc) 3
It’s often not ‘just an accident’. Some offences CIU investigate are: Manslaughter – 25 yrs imprisonment • Aggravated Dangerous driving causing death – 14 yrs • Aggravated Dangerous driving causing GBH - 11 yrs • Dangerous driving causing Death – 10 yrs • Dangerous driving causing GBH – 7 years • Negligent Driving causing Death – 18 months • Negligent Driving causing GBH – 9 months • Traffic and Licence offences – Community Service • Orders, Good Behaviour Bonds, Fines, Licence Disqualifications 4
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A serious injury or fatal crash has occurred, what happens now? General Duties Police: General duties police attend the scene, assist the injured, ensure initial traffic management issues are attended and finally, assess the scene and circumstances of the collision. If it is believed by general duties police that Crash Investigation criteria are met, the CIU is contacted to attend. CIU: When contacted, the CIU referral officer will ask general duties police a number of questions about the collision. Those questions will relate to the circumstances surrounding the collision and the collision results. Until all of the questions have been answered, a decision to attend cannot be made. 6
How does this relate to you? One of the CIU attendance criteria, and therefore questions asked, will be the level of injury to surviving victims. Understanding that hospital staff may be reluctant to provide information about a patient in respect of privacy issues, and understanding that at that early contact, exact nature of injuries may not be known, the longer the question of injury goes unanswered, the longer the delay in determining if CIU criteria is met, the greater the resulting implications (road closures, investigation delays etc). 7
At this stage of investigations, only preliminary information regarding injury is required. Are the injuries serious or life threatening, based on the opinion of the initial assessing hospital member? Police are aware that the patient at this stage may not have been fully examined by a Doctor or had tests completed. Generally, what type of injuries has the patient received; head, internal, extremities? Police are aware at this stage the assessment made may only be an initial one. At no time will the information given be seen as a diagnosis, simply as it is, an indication of the injury type and level of seriousness. Should the patient’s condition change, investigating police will make the necessary adjustments to the investigation. 8
Legal Issues The information sought in these instances is done so under an exemption to Section 18 (Limits on Disclosure of Personal Information) of the Privacy and Personal Information Protection Act 1998. No 133, under Div 3 Section 23 (5) (d) (ii), which states that a public sector agency is not required to comply with Section 18 (Limits on Disclosure of Personal Information) if the disclosure of the information concerned: (d) is reasonably necessary (ii) in order to investigate an offence where there are reasonable grounds to believe that an offence may have been committed. 9
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What is a serious injury? Serious injury is generally related to being ‘grievous bodily harm’ (GBH). A new definition of grievous bodily harm was inserted into the Crimes Act in May 2005. The new definition now includes (a) the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any harm, and (b) any permanent or serious disfiguring of the person. It was held in the case of R v Ashman (1858) 1 FF 88, that ‘it is not necessary that the harm is either permanent or dangerous’. In DPP v Smith (1961) AC 290, it was held that the words should be given their ordinary and natural meaning where ‘grievous means no more and no less than really serious’. 12
The following examples of serious injury have been held by the courts as GBH: Compound fractures which require the insertion of a pin to correct the injury; Serious burns which require skin grafting; Injuries which require surgery under general anaesthetic to correct the injury; Serious scarring; Injuries which require the victim to be placed on a ventilator or life support. 13
What investigation practices take place after initial scene attendance? During the course of a serious injury or fatal crash investigation, police will require confirmation regarding two significant issues: Extent and nature of injuries: Police require confirmation of the extent and seriousness of those injuries as soon as possible. This enables an informed decision by the police investigating the collision regarding the most appropriate course of investigation. Blood sample numbers: For inclusion in subsequent police reports and for follow up enquiries. 14
Blood and Urine Samples Blood Sample required from an injured driver: Where practicable, the blood sample should be taken from the injured patient within 2hrs of the collision time to ensure any positive results are automatically admissible at court (but may be taken up to 12 hrs after collision). Where the driver presents at hospital with an injury the sample MUST be taken using kit with serial no 7####. There are NO circumstances when police will be required to use both kits for the same person. Police CAN NOT request a blood and urine sample be taken from an accident hospital patient. Once a sample is obtained and properly sealed it is to be deposited in the police blood box at the hospital. 15
Blood/Urine Sample from a driver under arrest. Where the driver is under arrest for the purpose of a sample under mandatory requirements following fatal accidents, the sample MUST be taken within 4 hours of collision. A drug testing kit besides containing additional equipment for obtaining a urine sample will be readily identified by the letter 'D' before the certificate number. Once a sample is obtained and properly sealed it is to be deposited in the police blood box at the hospital. 16
Doctor Statements Another significant issue requiring the assistance of hospital staff relates to statements for court. Whether a person’s injury amounts to grievous bodily harm is a question of fact for the magistrate or jury to determine. Their understanding of that injury comes from evidence, via an expert statement from the relevant medical practitioner describing the injuries. 17
It may be a misconception, the less contained in the provided statement, the better. This belief is incorrect. If the statement does not contain the required information, a subpoena to attend court and give evidence will be served. Specifically important is the opinion of the doctor in the statement as to the seriousness of the injury suffered. If a provided statement contains that opinion, it is generally accepted the statement will be tendered at court. Something to consider: In matters where all other proofs have been met, court proceedings have been withdrawn or lost, simply because of the lack of evidence proving the seriousness of an injury suffered. 18
Physical Evidence. How can you help? When investigating a collision, to help determine the cause and series of events, police not only rely upon witness statements, but also physical evidence. Relevant to hospital staff, are collisions involving pedestrians, specifically in circumstances of ‘fail to stop’. To assist in locating involved vehicles and positively identifying their involvement, physical evidence such as paint transfer or glass fragments may be contained within a pedestrians clothing, or vice versa, the clothing contained within the damage of a vehicle. Understanding of course, that a hospitals main concern is the patients care, police ask that consideration be given to the collection and preservation of a pedestrians clothes and shoes on their behalf. 19
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Questions? Further information may be obtained from the NSW Police Force, Metropolitan Crash Investigation Unit (02) 8882 1458. 21
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