The proposed Inquiries into Fatal Accidents and Sudden Deaths (Scotland) Bill will grant measures to allow fatal accident inquiries to be conducted for Scots who died abroad.
The Act will outline a procedure for an inquiry when the body is repatriated to Scotland at the discretion of the lord advocate.
In order to carry out a Fatal Accident Inquiry (FAI), the lord advocate must look into certain aspects such as the investigation carried out. If the advocate believed that there was no clear cause of death, any suspicion around the incident, or if the incident had been investigated properly, then an FAI would be possible.
Imposing Legal Recommendations
The proposals that have been brought forward to the Scottish Government finalise the recommendations of Lord Cullen’s Review of Fatal Accident Inquiry Legislation in 2009. Some of the recommendations from the review applied directly to the Crown Office and Procurator Fiscal Service. It is hoped that implementing this recommendation can lead not only to closure for numerous families, but improve and modernise some aspects of the legal system.
Granting discretionary Fatal Accidents Inquiry was one of the 36 recommendations made in the report following numerous campaigns following deaths of Scots abroad. Julie Love had petitioned the Scottish Government for a change after her son died in a drowning accident in 2009 and was alarmed that an FAI could not be carried out. Despite his death, the investigation into his death did not give a clear indication of what cause the death of her son.
Improves FAI Process
James Wolffe QC, Dean of the Faculty of Advocates, said: “I welcome the publication of this bill, which will modernise and update the legal structures within which fatal accident inquiries are undertaken.
“Fatal accident inquiries are an important part of our judicial system. They secure an independent and public inquiry into the circumstances of a death.
“The bill largely implements recommendations made by Lord Cullen in his review of the fatal accident inquiry legislation.
Community safety and legal affairs secretary Paul Wheelhouse said: “Fatal Accident Inquiry Legislation needs to be brought into the 21st century, and this bill will undoubtedly improve the FAI process in this country.
“While the decision on whether to hold a Fatal Accident Inquiry rests with the Lord Advocate, our bill means that other families might not have to go through the same agonising struggle for answers regarding the circumstances surrounding the death of their child.
“The fact that those who receive recommendations from Sheriffs will now have a statutory requirement to report back also means the process will be much more robust, accountable and efficient.”
Contact Us
If you require assistance in launching a Fatal Accident Inquiry following the death of a loved one, our team have the experience to support you through what can be a difficult and complex process. To find out how we can help or for any legal advice on the matter call us on 0141 337 6678 or 07988 905 198 or complete our online enquiry form.