Fatal accident inquiry bill published
The Scottish Government bill to strengthen the fatal accident inquiry process has begun its parliamentary passage.
The Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Bill implements the recommendations of Lord Cullen's 2009 review of the FAI process that require legislation, along with further provisions.
For the first time, it will permit discretionary FAIs into the deaths of Scots abroad where the body is repatriated to Scotland. In these cases, the Lord Advocate must consider that the death abroad has not been sufficiently established in any investigation already carried out, and there must be a real prospect that the full circumstances would be established at an inquiry.
The bill also provides for flexibility for the locations and accommodation for FAIs, permits FAIs to be reopened if new evidence arises – or a completely new inquiry to be held if the evidence is substantial enough – and places a requirement on those to whom sheriffs direct recommendations at the conclusion of an inquiry to respond on the steps they have taken, or explain why this has not been possible.
Reasons for a decision not to hold an inquiry will have to be given by the Lord Advocate if requested by the next of kin.
Minister for Community Safety Paul Wheelhouse commented: “Fatal accident inquiry legislation needs to be brought into the 21st century and this bill will undoubtedly improve the FAI process in this country. In particular, the introduction of the possibility of a fatal accident inquiry for deaths abroad is a hugely important step in providing answers for families."
He added: “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.”
Those of Lord Cullen's 36 recommendations that fall under the responsibility of the Crown Office & Procurator Fiscal Service have already been implemented, including through the formation of the Scottish Fatalities Investigation Unit.