Fatal accident inquiry
Encyclopedia
A fatal accident inquiry (FAI) is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. They do not at present (unlike the English equivalent process) apply to deaths occurring in other jurisdictions.
by the Fatal Accidents Inquiry (Scotland) Act 1895, 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 current applicable legislation is the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ; this provides for FAIs to be held on a compulsory basis for some deaths and on a discretionary basis for others http://www.scotland.gov.uk/About/fatal-accident-review/20094258/3. The FAI process is presently under review by the Scottish Government.
and will investigate any which appear suspicious or where investigation is mandatory regardless of the suspicion of crime. 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 him to prosecute the case in the Sheriff Court
or for an Advocate Depute to prosecute in the High Court of Justiciary
. However, if the circumstances give rise to investigation, or if the death occurred while the deceased was in lawful custody the Fiscal may choose to examine matters in greater detail. Where the circumstances justify it in the public interest, or where there is a statutory requirement the Fiscal will intimate his intention to prepare evidence for a Fatal Accident Inquiry.
A Fatal Accident Inquiry will take place before a Sheriff (judge) in a Sheriff court. There is no jury.
In particular, in terms of section 6 of the Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas: a) time and place of the death; b) the cause of death; c) any precautions which may have avoided the death; d) any defects in the system of working which may have avoided the death, and; e) any other relevant considerations. Evidence is presented by the Procurator Fiscal in the public interest, and other parties may be represented. Parties can choose representation by counsel (Advocate) or solicitor, or may appear in person.
a Coroner will deal with the investigation of a death where the body lies within his district irrespective of where the death actually occurred. Among other matters this has led to some distress being caused to the families of servicemen who have 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. In more general circumstances it can result in other deaths abroad not being subjected to judicial oversight. Both of these are matters which might be affected by changes resulting from the current (2008-2009) Scottish Government review mentioned above.
History
Fatal Accident Inquiries were introduced into Scots LawScots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
by the Fatal Accidents Inquiry (Scotland) Act 1895, before which time the circumstances of a death which required examination were determined by a Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
. Since then, the procurator fiscal now deals with the investigation and initiation of such inquiries. The current applicable legislation is the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ; this provides for FAIs to be held on a compulsory basis for some deaths and on a discretionary basis for others http://www.scotland.gov.uk/About/fatal-accident-review/20094258/3. The FAI process is presently under review by the Scottish Government.
Process
Generally the Procurator Fiscal will receive notification of a person's deathDeath
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
and will investigate any which appear suspicious or where investigation is mandatory regardless of the suspicion of crime. 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 him to prosecute the case in the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
or for an Advocate Depute to prosecute in the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
. However, if the circumstances give rise to investigation, or if the death occurred while the deceased was in lawful custody the Fiscal may choose to examine matters in greater detail. Where the circumstances justify it in the public interest, or where there is a statutory requirement the Fiscal will intimate his intention to prepare evidence for a Fatal Accident Inquiry.
A Fatal Accident Inquiry will take place before a Sheriff (judge) in a Sheriff court. There is no jury.
In particular, in terms of section 6 of the Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas: a) time and place of the death; b) the cause of death; c) any precautions which may have avoided the death; d) any defects in the system of working which may have avoided the death, and; e) any other relevant considerations. Evidence is presented by the Procurator Fiscal in the public interest, and other parties may be represented. Parties can choose representation by counsel (Advocate) or solicitor, or may appear in person.
Differences from other jurisdictions
In Scotland, an FAI deals with deaths which have occurred in Scotland, whereas in England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
a Coroner will deal with the investigation of a death where the body lies within his district irrespective of where the death actually occurred. Among other matters this has led to some distress being caused to the families of servicemen who have been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
and in consequence their funerals have been delayed. In more general circumstances it can result in other deaths abroad not being subjected to judicial oversight. Both of these are matters which might be affected by changes resulting from the current (2008-2009) Scottish Government review mentioned above.
See also
- Events subject to a fatal accident inquiry:
- Pan Am Flight 103Pan Am Flight 103Pan Am Flight 103 was Pan American World Airways' third daily scheduled transatlantic flight from London Heathrow Airport to New York's John F. Kennedy International Airport...
, LockerbieLockerbieLockerbie is a town in the Dumfries and Galloway region of south-western Scotland. It lies approximately from Glasgow, and from the English border. It had a population of 4,009 at the 2001 census...
(1988) - the sinking of the pelagic trawler Antares, of CarradaleCarradaleCarradale is a picturesque village on the east side of Kintyre, overlooking the Kilbrannan Sound and the west coast of the Isle of Arran, approximately 14 miles from Campbeltown...
in KintyreKintyreKintyre is a peninsula in western Scotland, in the southwest of Argyll and Bute. The region stretches approximately 30 miles , from the Mull of Kintyre in the south, to East Loch Tarbert in the north...
, with the loss of its four crewmen after its nets were snagged by a Royal NavyRoyal NavyThe Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
submarine HMS TrenchantHMS Trenchant (S91)HMS Trenchant is a nuclear-powered fleet submarine of the Royal Navy built by Vickers Shipbuilding, Barrow-in-Furness. Trenchant is currently in service and is based at HMNB Devonport.The submarine was ordered on 22 March 1983...
(1990) - 1994 Scotland RAF Chinook crash, Mull of KintyreMull of KintyreThe Mull of Kintyre is the southwesternmost tip of the Kintyre Peninsula in southwest Scotland. From here, the Antrim coast is visible and an historic lighthouse, the second commissioned in Scotland, guides shipping in the intervening North Channel...
- Courts of ScotlandCourts of ScotlandThe civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
- Crown Office
- Lord AdvocateLord AdvocateHer Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
- Inquests in England and Wales