Question reference: S5W-21304
- Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
- Date lodged: 30 January 2019
-
Current status: Answered by Humza Yousaf on 26 February 2019
Question
To ask the Scottish Government what its position is on reviewing the fatal accident inquiry legislation to include incidents in which resident Scots have died abroad in suspicious circumstances.
Answer
Following Lord Cullen’s review of Fatal Accident Inquiry legislation which published its report in 2009 there followed a lengthy period of consideration and consultation. This led to the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 which commenced in June 2017. The legislation allows for a Fatal Accident Inquiry when a resident Scot dies abroad in suspicious circumstances. Such an inquiry is permissible at the discretion of the Lord Advocate subject to the criteria specified within the Act. The Scottish Government has no current plans to review the legislation although, as with all new legislation its impact and operation are carefully monitored.