Fatal accident inquiry

Fatal accident inquiries were introduced into Scots Law by the ' (58 & 59 Vict. c. 36), before which time the circumstances of a death which required examination were determined by a procurator fiscal. Since then, the procurator fiscal now deals with the investigation and initiation of such inquiries. The law was updated by the ' (c. 14). and the law provides for inquiries to be held on a mandatory basis for some deaths and on a discretionary basis for others. Previously, a fatal accident inquiry only dealt with deaths that occurred in Scotland, whereas in England and Wales a coroner will deal with the investigation of a death where the body lies within their district irrespective of where the death actually occurred. This led to some distress being caused to the families of service personnel who had been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals have been delayed. The inquiries process was reviewed by Lord Cullen of Whitekirk for the Scottish Government in 2008, following which the Scottish Government consulted on proposals in 2014. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) and replaced the 1976 act when it came into force in June 2017. ==Process==

Death certificates A person cannot be buried or cremated in Scotland unless a medical practitioner has issued a death certificate (and the associated certificate of registration of death, known as a form 14, has been issued), and doctors are mandated to report certain sudden, suspicious, accidental, or unexplained deaths to the procurator fiscal, and the report will be received by the Scottish Fatalities Investigation Unit, part of the Crown Office and Procurator Fiscal Service. The procurator fiscal can require a Police investigation, and where mandated by statute, Evidence is presented by the procurator fiscal in the public interest, and other parties may be represented. Parties can choose representation by Advocate (counsel) or solicitor, or may appear in person. A fatal accident inquiry does not need to take place in the sheriffdom where the death occurred, and will take place in whichever sheriffdom the Lord Advocate determines. Although the Lord Advocate must consult the Scottish Courts and Tribunals Service before making a determination. A sheriff may make an order to transfer the inquiry subject to another sherrifdom, subject the approval of the relevant sheriffs principal. Determinations Section 6 of the 1976 Act • Mandatory inquiries for deaths in lawful custody are extended to the deaths of children in secure accommodation • Discretionary inquiries can held at the direction of the Lord Advocate for deaths abroad • If requested, the Lord Advocate must provide a written explanation if they decide not to hold an inquiry • Inquiries may be reopened, or a fresh inquiry held, where there is new evidence ==Events subject to a fatal accident inquiry==

Examples include: • The Quintinshill rail disaster in 1915 • The 1971 Ibrox disaster • The Waage Drill II diving accident (1975) • The Venture One diving accident (1977) • The Star Canopus diving accident (1978) • The Wildrake diving accident (1979) • Pan Am Flight 103, Lockerbie (1988) • 1994 Scotland RAF Chinook crash, Mull of Kintyre • The helicopter crash that killed Colin McRae in 2007 • 2014 Glasgow bin lorry crash ==See also==