New fatal accidents inquiry law in force this week

Modernising legislation covering fatal accident inquiries in Scotland comes into force this week.

The Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016, so far as not already implemented, comes into force on Thursday 15 June.

For the first time sheriffs will have power to hear inquiries into the deaths of Scots abroad, and whether or not the body is repatriated. A fatal accident inquiry will also now have to be carried out for military service deaths in Scotland – this has been brought in by order under s 104 of the Scotland Act 1998 – as well as new categories of deaths including children in secure accommodation and deaths under police arrest, regardless of location.

Inquiries applied for before 15 June will be carried out under the former law, which dates from 1976.

Other aspects of the new law include:

• the power to reopen an inquiry if new evidence arises, and to hold a fresh inqjiry if the new evidence is substantial enough;
• flexibility on the locations and accommodation for inquiries;
• single inquiries into linked events in different sheriffdoms;
• a requirement on individuals or organisations to explain how they have implemented recommendations placed on them by a sheriff after an inquiry, or why none have been implemented.

Inquiries will still be inquisitorial fact-finding hearings which do not apportion blame or guilt in a criminal or civil sense. They are held in the public interest to establish the circumstances of sudden, suspicious or unexplained death which have caused serious public concern.

Around 11,000 deaths are reported to the Crown Office & Procurator Fiscal Service each year, and an average of 50-60 of these result in a fatal accident inquiry being held. In around a third of those inquiries, the sheriff recommends precautions which could prevent deaths in similar circumstances in the future.

The reforms now coming into force were recommended in a review of the legislation carried out by Lord Cullen in 2009. 

Minister for Community Safety and Legal Affairs, Annabelle Ewing, commented: “Fatal accident inquiries are an essential part of our justice system and we want to make sure they are as effective and fair as possible. Sheriffs will now play a more active role in the process, and the new Act requires people and organisations to respond to recommendations made by sheriffs which will improve compliancy and accountability.”