Fatal accident inquiry

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The 1976 act does not cover deaths that occur overseas. In the past few months, I have highlighted the unacceptable situation whereby grieving families must cope with significant delays as well as long journeys to attend coroners' inquests in the south of England, where the bodies of their loved ones

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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

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The Government has asked the right hon Lord Cullen of Whitekirk, former Lord President of the Court of Session, to carry out the review on its behalf, with a view to reporting to the Lord Advocate and the Cabinet Secretary for Justice within one year of the start of the review with conclusions and

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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) was passed by the Scottish Parliament on 10 December 2015, and replaced the 1976 act when it came into force in June 2017.

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An Act to make provision for Scotland for the holding of public inquiries in respect of fatal accidents, deaths of persons in legal custody, sudden, suspicious and unexplained deaths and deaths occurring in circumstances giving rise to serious public

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Where the death appears to be due to a criminal act, the procurator fiscal will initiate investigations by the police, or other appropriate public authorities, to enable the identification of suspects and associated evidence to enable them to

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has the discretion not to hold an inquiry (including a mandatory inquiry) where the circumstances of the death have been adequately established in criminal proceedings.

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Section 6 of the 1976 Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas:

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An Act to amend the Fatal Accidents Inquiry (Scotland) Act, 1895, and to make further provision for Inquiry into Sudden and Suspicious Deaths in Scotland.

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which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other

1635:"The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Commencement No. 3, Transitional and Saving Provisions) Regulations 2017" 1055: 1054:, accidental, or unexplained deaths to the procurator fiscal, and the report will be received by the Scottish Fatalities Investigation Unit, part of the 349: 944: 1706: 1013: 512: 123: 1864: 1127:. Evidence is presented by the procurator fiscal in the public interest, and other parties may be represented. Parties can choose representation by 106: 74: 1050:(and the associated certificate of registration of death, known as a form 14, has been issued), and doctors are mandated to report certain sudden, 896: 779: 670: 569: 223: 151: 1143: 96: 1099:

or whilst they were at work. Other inquiries may be held where the procurator fiscal decides it is "expedient in the public interest". The

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investigation, and where mandated by statute, or otherwise at their discretion, the procurator fiscal can hold a fatal accident inquiry.

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An Act to make provision for Public Inquiry in regard to Fatal Accidents occurring in Industrial Employments or Occupations in Scotland.

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An Act of the Scottish Parliament to make provision for the holding of public inquiries in respect of certain deaths.

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Mandatory inquiries for deaths in lawful custody are extended to the deaths of children in secure accommodation

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If requested, the Lord Advocate must provide a written explanation if they decide not to hold an inquiry

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c. 36), before which time the circumstances of a death which required examination were determined by a

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A fatal accident inquiry is mandated by the 2016 Act if the death occurred while the deceased was in

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The 2016 Act introduces several changes to the previous system governed by the 1976 Act, including:

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Previously, a fatal accident inquiry only dealt with deaths that occurred in Scotland, whereas in

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to transfer the inquiry subject to another sherrifdom, subject the approval of the relevant

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Discretionary inquiries can held at the direction of the Lord Advocate for deaths abroad

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Text of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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Inquiries may be reopened, or a fresh inquiry held, where there is new evidence

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extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to

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as in force today (including any amendments) within the United Kingdom, from

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The inquiry principles 2.2.—(1) An inquiry is inquisitorial not adversarial.

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where the death occurred, and will take place in whichever sheriffdom the

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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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Any defects in the system of working which may have avoided the death

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