Scotland: Fatal Accident Inquiries Under Review - Update
As discussed in the Summer 2008 edition of this newsletter, the legislation governing Fatal Accident Inquiries (FAIs) in Scotland is to be reviewed for the first time in over 30 years. The review of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976 is being headed by Lord Cullen of Whitekirk. Lord Cullen also presided over public inquiries into the Piper Alpha disaster and the Dunblane school massacre.
On 20 November 2008, a consultation paper was launched containing 22 questions concerning what, if any, changes are needed, and inviting responses from the public on certain defined issues. Suggestions outwith the questions and options mentioned in the consultation paper are also welcomed.
Issues highlighted in the consultation paper include whether the sheriff court is the best forum for FAIs, whether there should be a dedicated team of specialist FAI procurator fiscals, and whether the scope of the Act should be extended into the deaths of Scots abroad. After abandoning time limit targets by the Crown Office and Procurator Fiscal Service in April 2007, the question of whether there needs to be a statutory time limit between the reporting of the death, the decision to hold an FAI and the hearing of a full FAI, has been raised. There are also questions regarding procedure, including the use of preliminary hearings as already provided for in Glasgow and Strathkelvin and Lothian and Borders (and used informally in other Sheriffdoms), and the use of expert assessors.
In Lord Cullen’s foreword to the consultation paper he notes: “From representations that have been received so far, it is apparent that there is a desire for reform in some areas of the fatal accident inquiry system. However, I have not reached any conclusion on the questions that have been posed.”
Click here to view the consultation and accompanying questionnaire
Responses to the paper are invited by 20 February 2009.
