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{{Use dmy dates|date=June 2014}}{{Use British English|date=June 2014}}{{Scots law}}A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976WEB,weblink Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Legislation.gov.uk, 13 April 1976, 19 February 2017, to service personnel at the discretion of the Chief Coroner or the Secretary of State.WEB,weblink Section 12 of the Coroners and Justice Act 2009, Legislation.gov.uk, 12 November 2009, 19 February 2017, The equivalent process in England and Wales is an inquest. A major review of the fatal accident inquiries was undertaken by Lord Cullen of Whitekirk, at the request of the Scottish Government,WEB, Review of Fatal Accident Inquiry Legislation,weblink Scottish Government, 21 February 2017, 7 March 2008, which resulted in the passing of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

History{{anchor|Fatal Accidents Inquiry (Scotland) Act 1895|Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1906|Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976|Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016}}

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Fatal accident inquiries were introduced into Scots Law by the Fatal Accidents Inquiry (Scotland) Act 1895, before which time the circumstances of a death which required examination were determined by a procurator fiscal. Since then, the procurator fiscal now deals with the investigation and initiation of such inquiries. The law was updated by the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976. The applicable legislation is now the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,WEB,weblink Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, Legislation.gov.uk, 13 April 1976, 19 February 2017, and the law provides for inquiries to be held on a mandatory basis for some deaths and on a discretionary basis for others.WEB,weblink Review of Fatal Accident Inquiry Legislation: Statutory basis for FAIs, Scottish Government, 20 November 2008, 19 February 2017, Previously, a fatal accident inquiry only dealt with deaths that occurred in Scotland, whereas in England and Wales a coroner will deal with the investigation of a death where the body lies within their district irrespective of where the death actually occurred. This led to some distress being caused to the families of service personnel who had been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals have been delayed.WEB, Thematic Review of Fatal Accident Inquiries,weblink Scottish Government, 21 February 2017, Section 13, 18 August 2016, WEB, Fatal Accident Inquiries - in the Scottish Parliament at 2:15 pm on 27th March 2008,weblink TheyWorkForYou, mySociety, 21 February 2017, 27 March 2008, The 1976 act does not cover deaths that occur overseas. In the past few months, I have highlighted the unacceptable situation whereby grieving families must cope with significant delays as well as long journeys to attend coroners' inquests in the south of England, where the bodies of their loved ones have been repatriated., The inquiries process was reviewed by Lord Cullen of Whitekirk for the Scottish Government in 2008,WEB,weblink Commissions, Inquiries, Reviews and Panels: Review of Fatal accident inquiry Legislation, Scottish Government, 18 March 2014, 1 February 2017, WEB, Fatal Accident Inquiries Part of the debate – in the Scottish Parliament at 2:55 pm on 27th March 2008.,weblink TheyWorkForYou, mySociety, 21 February 2017, Speech by the Solicitor General for Scotland, 27 March 2008, The Government has asked the right hon Lord Cullen of Whitekirk, former Lord President of the Court of Session, to carry out the review on its behalf, with a view to reporting to the Lord Advocate and the Cabinet Secretary for Justice within one year of the start of the review with conclusions and recommendations., following which the Scottish Government consulted on proposals in 2014.WEB,weblink Consultation on proposals to reform Fatal Accident Inquiries legislation, Scottish Government, 1 July 2014, 1 February 2017, WEB,weblink Consultation on Proposals to Reform Fatal Accident Inquiries Legislation - Analysis of Consultation Responses, Scottish Government, 21 November 2014, 17 February 2017, The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 was passed by the Scottish Parliament on 10 December 2015,WEB,weblink Fatal Accident Inquiry Bill passes Stage 3, Scottish Government, 10 December 2015, 17 February 2017, and replaced the 1976 act when it came into force in June 2017.WEB, The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Commencement No. 3, Transitional and Saving Provisions) Regulations 2017,weblink Legislation.gov.uk, 24 October 2018,

Process

Death certificates

A person cannot be buried or cremated in Scotland unless a medical practitioner has issued a death certificate (and the associated certificate of registration of death, known as a form 14, has been issued),WEB, What to do after a death in Scotland ... practical advice for times of bereavement: 9th Edition,weblink The Scottish Government, 4 August 2018, and doctors are mandated to report certain sudden, suspicious, accidental, or unexplained deaths to the procurator fiscal, and the report will be received by the Scottish Fatalities Investigation Unit, part of the Crown Office and Procurator Fiscal Service.WEB, Our [procurators fiscal] role in investigating deaths,weblink Crown Office and Procurator Fiscal Service, 19 February 2017, WEB,weblink Reporting Deaths To The Procurator Fiscal: Information and Guidance for Medical Practitioners, Crown Office and Procurator Fiscal Service, PDF, 2015, 17 February 2017, The procurator fiscal can require a Police investigation, and where mandated by statute, or otherwise at their discretion, the procurator fiscal can hold a fatal accident inquiry.

Criminal acts

Where the death appears to be due to a criminal act, the procurator fiscal will initiate investigations by the police, or other appropriate public authorities, to enable the identification of suspects and associated evidence to enable them to prosecute the case in the Sheriff Court, or for an Advocate Depute to prosecute in the High Court of Justiciary.

Mandatory inquiries

A fatal accident inquiry is mandated by the 2016 Act if the death occurred while the deceased was in lawful custody or whilst they were at work. Other inquiries may be held where the procurator fiscal decides it is "expedient in the public interest". The Lord Advocate has the discretion not to hold an inquiry (including a mandatory inquiry) where the circumstances of the death have been adequately established in criminal proceedings.WEB, SPICe Briefing Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill,weblink Scottish Parliament, Scottish Parliament Information Centre, 19 February 2017, 3, PDF, 29 April 2015,

Territorial jurisdiction

A fatal accident inquiry will take place before a Sheriff (judge) in a Sheriff court; there is no jury. Proceedings are inquisitorial, as opposed to adversarial.WEB, Act of Sederunt (Fatal Accident Inquiry Rules) 2017,weblink Scottish Civil Justice Council, 4 March 2017, 2.2(1), PDF, 2017, The inquiry principles 2.2.—(1) An inquiry is inquisitorial not adversarial., Evidence is presented by the procurator fiscal in the public interest, and other parties may be represented. Parties can choose representation by Advocate (counsel) or solicitor, or may appear in person.A fatal accident inquiry does not need to take place in the sheriffdom where the death occurred, and will take place in whichever sheriffdom the Lord Advocate determines. Although the Lord Advocate must consult the Scottish Courts and Tribunals Service before making a determination. A sheriff may make an order to transfer the inquiry subject to another sherrifdom, subject the approval of the relevant sheriffs principal.WEB, Section 13 of Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,weblink www.legislation.gov.uk, The National Archives, 4 April 2017, en, 14 January 2016,

Determinations

Section 6 of the 1976 Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas:

1. Time and place of the death
2. The cause of death
3. Any precautions which may have avoided the death
4. Any defects in the system of working which may have avoided the death
5. Any other relevant considerations.

The 2016 Act introduces several changes to the previous system governed by the 1976 Act, including:WEB, Thematic Review of Fatal Accident Inquiries,weblink Scottish Government, 21 February 2017, Section 12, 18 August 2016,

1. Mandatory inquiries for deaths in lawful custody are extended to the deaths of children in secure accommodation
2. Discretionary inquiries can held at the direction of the Lord Advocate for deaths abroad
3. If requested, the Lord Advocate must provide a written explanation if they decide not to hold an inquiry
4. Inquiries may be reopened, or a fresh inquiry held, where there is new evidence

Events subject to a fatal accident inquiry

Examples include:

• The Quintinshill rail disaster in 1915
• The 1971 Ibrox disaster
• The Waage Drill II diving accident (1975)
• The Venture One diving accident (1977)
• The Star Canopus diving accident (1978)
• The Wildrake diving accident (1979)
• Pan Am Flight 103, Lockerbie (1988)
• 1994 Scotland RAF Chinook crash, Mull of Kintyre
• The helicopter crash that killed Colin McRae in 2007
• 2014 Glasgow bin lorry crash

See also

• Courts of Scotland
• Crown Office
• Lord Advocate
• Inquests in England and Wales

References

{{reflist}}

External links

• Our role in investigating deaths on the Procurator Fiscal Service website