Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice

Fatal Accident Inquiries involve a public examination of the circumstances of a death conducted before a Sheriff. The responsibility for conducting FAIs lies with the Crown Office and Procurator Fiscal Service (COPFS). In undertaking such investigations, COPFS is required to take all reasonable steps available to them to secure the evidence concerning the incident. Such evidence includes eyewitness accounts, forensic evidence and the post mortem report.

FAIs are now fully governed under the Inquiries into Fatal Accident and Sudden Deaths (Scotland) etc. Act 2016 (which came into force in June 2017). By examining Sudden Deaths and FAIs, the book provides a contemporary and fresh insight into the system, starting with the role of COPFS in sudden death cases. All determinations must now (since 2012) be published, and these details provide a source about FAIs which can be analysed.

This new title includes:

• Scrutiny of the 2016 Act - whether the FAI process is fit for purpose and the ongoing issues with delays in holding inquires.
• The private member's Proposed Post-Mortem Examinations (Defence Time-Limit) (Scotland) Bill currently before the Scottish Parliament
• The possible effects that Brexit will have on inquiries into deaths abroad.
• The provisions of coronavirus legislation affecting both the UK and Scotland regarding the processes of registration of deaths. There will also be potentially mandatory and discretionary FAIs in respect of medical staff, those working in care homes and deaths from key workers. The Lord Advocate has already announced the investigation into such deaths.