Guidance

Jamaica: bereavement information

Updated 2 September 2020

Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

Jamaica: bereavement information

Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

How to contact the Foreign, Commonwealth & Development Office (FCDO)

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the FCDO in London on 0207 008 1500.

If you are not in the UK, you can find the contact details of the nearest British embassy, High Commission or consulate.

The priority of the FCDO is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office (FCDO) can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications. In most cases the British High Commission will be informed, but if next of kin is in Jamaica then police may inform them directly.

Same sex partners or spouses are not recognised under local law or practices as next of kin.

Release of information to next of kin

The FCDO will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalf such as lawyers, charities, or other organisations.

Whilst local authorities have the ability to make international calls, they are not resourced to do.

Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will usually have to appoint a funeral director and will usually be responsible for all costs. The FCDO cannot help with these costs.

Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The FCDO produces a list of international funeral directors based in the UK.

If you decide to hold a funeral or cremation in Jamaica, you can find a list of funeral directors in Jamaica.

There are a number of funeral directors in Jamaica to choose from as well as the list provided above, these can local in the yello pages(hardcopy or online

You may appoint a funeral director directly and/or with insurance company’s assistance or recommendation. Each funeral director directors varies what they can do behalf of the next of kin in the country, and it is best to ask the one you have appointed.

Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. Sometimes a funeral director can do this for you. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

The local authorities will need to be told if the person suffered from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate.

You may only obtain a copy of the death certificate after the death has been registered. You can either contact the funeral director that dealt with the death or contact the registrar general department directly. If you are in the UK, you may go online and submit an application and have it delivered to you.

You can find more information on this process via the registrar’s general department website.

Death registration can be a lengthy process and can take 6 months or longer depending on the circumstances of the death and whether all the reports have been received. In some cases it has taken over 2 years for a death to be registered.

Consular death registration

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can sometimes apply for a consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. It is only available in some countries. If you wish to do this, you can find more information on registering a death and apply online.

Post mortem examinations (autopsies)

Post-mortems are mandatory in all violent or unexplained deaths. A family member or close friend needs to identify the deceased. The police cannot carry out identification of the deceased.

The circumstance of death will determine whether or not a post mortem will be carried out. Deaths are classified in two categories: natural and sudden/violent.

Sudden death are those where the deceased was not being seen by a doctor within 6 weeks prior to the death. Where there is suspicion of foul play, the death will also fall under the “sudden” death category. Violent death occur under violent circumstances.

In both of these cases will always be carried out.

Post mortems are usually expedited for foreign national, but can still take 1-2 weeks to be carried out and some instances it can longer

If post mortem results are inconclusive, a post mortem report will not be issued and the death certificate will state the cause of death as pending. Samples will be taken from the body and further tests will be carried out.

The following should occur after a sudden or violent death:

• the police informed
• the police will order a post mortem
• after the post mortem, the police will issue a Burial Order
• the pathologist will complete the post mortem report which the police will take to the coroners court. The police will also deliver all other reports regarding the matter to the coroner
• the coroner court will then issue a Certificate of the Coroner (FORM D or known locally as the “pink” form)
• Form D should be taken to the Registrar General’s department by either the funeral director, next of kin or the police in the parish where the death occurred. This is to have the death registered. It is advised that you speak to the investigating officer about this step
• the family can then apply for the death certificate from the Registrar general department

If the post mortem report is not available at the time of repatriation, you may apply to the local police for a copy of the report when it is available. You should be aware that it can several months for the post mortem report to be completed eg 3-9 months, longer if a toxicology report is also carried out.

Organ retention

Organs may be removed during the post mortem but are not normally retained after a routine post-mortem examination. However, we are aware of one incident where organs were not returned and this required close liaison with the police and local authorities to resolve.

We are not aware of any cases where organs have been retained following a post-mortem conducted by forensic pathologists and have been advised by pathologists that if an organ is to be retained for further examination, then the whole body is retained. However, tissue samples may be taken for testing. Organ(s) retained for research and/or teaching purposes require permission and approval of family members/next of kin.

Mortuary facilities

Mortuary facilities are limited in Jamaica. The usual practise is for the deceased to be taken to one state appointed funeral home until the post mortem & identification has taken place.

After the post mortem, the deceased will be released into the care of an appointed (family or insurers) funeral director to make the necessary burial or repatriation arrangements. However if there is any doubt of the identification of the deceased, then a DNA process (approximately 6 months) may occur and during this time the deceased will stay at the state appointed funeral home.

Mortuary facilities in Jamaica may differ significantly to those in the UK. However building must comply with the Jamaica National Building Code which ensures that the facilities are at an acceptable standard. Cold storage facilities are available and the mortuary area should be separated from all other operations and away from public view. Charges can be applied whilst the person is kept at the Mortuary.

Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

For natural deaths the repatriation process can begin as soon as the medical certificate has been issued.

For all other deaths the repatriation process can not being until the post mortem report has been issued.

The appointed funeral director will prepare all the documentation and liaise with the health department, the Ministry of Foreign Affairs, and all other relevant parties involved in the repatriation process. This is the same for both human remains and those that have been cremated (Cremains).

If the deceased has been cremated, you will need to a cremation certificate, death certificate and a transit permit to all the ashes to leave Jamaica. The transit permit can be obtained from the public health department in either Kingston or Montego Bay. To do this you will take the cremation certificate and death certificate with you to the public health department. It is advised that you call the public health department in advance to let them know you are require the permit. Their website is www.moh.gov.jm.

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

In cases where samples have been collected for toxicology, permission for cremation may be withheld until the toxicology results have been obtained. There are some forensic pathologists that will not consent to a cremation if the deceased has been murdered. The police officer present at the post-mortem will issue an Order for Burial which will permit a burial to proceed. It is not necessary to wait for the death certificate which can take up to 2 years if the pathologist needs to await the result of further tests before determining the cause of death.

Return of personal belongings

If the deceased is being repatriate then their personal belongings can either be returned with the deceased (separate cost incurred) or then can be disposed of locally. The funeral director will follow instruction from relatives on this. In the case of a tourist who is travelling along, family or next of kin are advised to liaise the hotel, airline or tour company regarding the personal belongings.

Please note, the British Embassy, High Commission or Consulate cannot take responsibility for the personal belongings of the person who died.

Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide about what to do when someone dies.

British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with HM Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The [the form and instructions on where to send the passport is available online] (http://www.gov.uk/government/publications/what-to-do-with-a-passport-when-the-passport-holder-has-died)

If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.

Child deaths

Treated the same as adult deaths.

Deaths in road traffic accidents

These would be investigated by the police.

Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the FCDO will be available to provide support, including by referring you to a specialised organisation. You can find more about how the FCDO can help with murder and manslaughter abroad.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

Jamaica has separate information on murder and manslaughter

UK coroners and inquests

If you repatriate the person who died to England and Wales, there may be an inquest. The decision on when to hold an inquest is made by HM Coroner. Please note, an inquest will usually only happen in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on death abroad

Legal Aid

Legal aid is not available.

Compensation

There is no government compensation scheme in Jamaica

You can find information on UK compensation for victims of terrorism overseas

Additional support

Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad.