Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice

Gillian Mawdsley

• Publisher: Bloomsbury Professional
• Year: 2023
• Print ISBN:
  9781526519030
• Edition: 1
• eBook ISBN:
  9781526519047
• Topic: Law
• Subtopic: Administrative Law
• Index: Law

Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice considers the unique Scottish system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs). This book explains the role of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS) as core to the death investigation process. It examines the reporting of sudden deaths, COPFS's investigation process, and the holding of mandatory and discretionary FAIs, concluding with issuing of determinations and recommendations. The historical development of the FAI system charts their inception from the late nineteenth century to the FAIs held under the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) etc. Act 2016 (2016 Act).
This new title: - Examines the FAI process from the sudden deaths to the holding of an FAI
- Contrasts the FAIs with inquiries held under the Inquiries Act 2005
- Analyses how the 2016 Act works given current issues of delay and Covid-19
- Considers the judiciary's role relating to FAI determinations and recommendations made under the 2016 Act
- Focuses on mandatory FAIs relating to deaths in custody
- Compares the FAI process in Scotland with England and Wales and provides a brief international overview
- Considers the State's requirements under Article 2 of the European Convention on Human Rights
- Discusses availability of public information on FAIs and access to legal aid
- Advises how the public may access FAI records This first comprehensive survey takes account of changes made by the 2016 Act, providing fresh insight into the investigations into sudden deaths and the holding of FAIs. It provides an essential basis to understand and assess the current working practices of the FAI system. This title is included in Bloomsbury Professional's Scottish Law Service.

Table of contents

• Cover
• Half Title Page
• Title Page
• Foreword
• Contents
• Glossary of Terms
• Table of Statutes
• Table of Cases
• Table of FAI Citations
• Introduction
• 1 Reporting of Sudden Deaths in Scotland
• 2 An Introduction to the FAI System
• 3 The Historical Development of the FAI System
• 4 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
• 5 Pre-Inquiry, Inquiry, Determinations and Further Inquiry Proceedings
• 6 Deaths in Custody
• 7 Sudden Death Investigations in England and Wales
• 8 Sudden Death Investigations Abroad – Process and Practice
• 9 Family Representation and Legal Aid Funding at the FAI
• 10 Inquiries under the Inquiries Act 2005
• 11 Public Access to FAIs
• 12 Statistical Background to the FAI System
• 13 Conclusion
• Appendix 1 Miscellaneous Forms and Reports
• Appendix 2 Examples of FAIs in Scotland since 1895
• Index
• Copyright Page