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

The book "Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy, and Practice" explores the Scottish system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs). It explains the roles of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS), examines the reporting of sudden deaths, the investigation process, and the holding of mandatory and discretionary FAIs. It also discusses the historical development of the FAI system, compares it to inquiries in England and Wales, and provides a brief international overview. The book covers topics such as the judiciary's role, mandatory FAIs relating to deaths in custody, public information on FAIs, and access to legal aid. It is a comprehensive survey that takes account of changes made by the 2016 Act, providing fresh insight into the investigations into sudden deaths and the holding of FAIs.

Format: Paperback / softback
Length: 336 pages
Publication date: 20 July 2023
Publisher: Bloomsbury Publishing PLC

Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy, and Practice delves into the intricate system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs) in Scotland. This comprehensive book explores the pivotal roles of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS) as the core components of the death investigation process. It examines the reporting of sudden deaths, the comprehensive investigation process undertaken by COPFS, and the holding of mandatory and discretionary FAIs, culminating in the issuance of determinations and recommendations. The historical development of the FAI system traces its origins from the late nineteenth century to the FAIs conducted under the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) etc. Act 2016 (2016 Act).

This new title offers a comprehensive examination of the FAI process, from the initial reporting of sudden deaths to the conduct of FAIs. It provides a comparative analysis of FAIs with inquiries held under the Inquiries Act 2005, highlighting their distinct features. Moreover, it delves into the workings of the 2016 Act, considering the challenges posed by delay and the impact of COVID-19 on the FAI system. The book also explores the judiciary's role in determining and recommending FAI determinations under the 2016 Act, with a particular focus on mandatory FAIs related to deaths in custody.

In addition, the book compares the FAI process in Scotland with England and Wales, providing a brief international overview. It examines the States' requirements under Article 2 of the European Convention on Human Rights and discusses the availability of public information on FAIs and access to legal aid. The book offers valuable advice on how the public can access FAI records and engages in meaningful dialogue regarding the transparency and effectiveness of the FAI system.

This first comprehensive survey takes into account the changes introduced by the 2016 Act, offering fresh insights into the investigations into sudden deaths and the holding of FAIs. It serves as an essential foundation for understanding and evaluating the current working practices of the FAI system. Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy, and Practice is an indispensable resource for legal professionals, policymakers, academics, and the general public interested in comprehending the complexities of sudden deaths investigations and the legal framework governing FAIs in Scotland.

Weight: 510g
Dimension: 234 x 156 (mm)
ISBN-13: 9781526519030