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Definition

Recommendation 41 of the Royal Commission into Aboriginal Deaths in Custody defines a death in custody as follows:

(i) the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile;

(ii) the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper care whilst in such custody or detention;

(iii) the 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; and

(iv) the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention.
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