Book reviews: November 2023

Gillian Mawdsley 

PUBLISHER: BLOOMSBURY PROFESSIONAL
ISBN: 978-1526519047
PRICE: £85 (E-BOOK £68.85)

The author gives us a detailed and carefully considered analysis of the law related to fatal accidents and inquiries in Scotland, with a focus on the 2016 Act which aimed to introduce a more streamlined system of inquiry into eponymous deaths. The author does not hesitate to offer her critique as to whether those noble aims have been achieved.  

The book opens with the historical development of FAIs, and it is clear that the author has dug deep into the national archive. Thereafter she guides us, with clear language and structure, through the inquiry process, from pre-inquiry procedure, to first notice and those who may be permitted to participate in the inquiry. She also offers a view on the difficulties faced by next of kin in engaging in the inquiry itself. Forms, determinations and certificates are appended.  

Competence to investigate deaths abroad and deaths in custody is considered. The Inquiries Act 2005, quite a different system to that under the 2016 Act, is also carefully assessed. Finally and importantly, public access to FAIs is considered. This is a slim, yet comprehensive book. Mawdsley is to be congratulated on providing practitioners with an essential text on an important area of work, which has an increasing profile and in which the public have an increased interest.  

David J Dickson, solicitor advocate