Question reference: S5W-21313
- Asked by: Angela Constance, MSP for Almond Valley, Scottish National Party
- Date lodged: 30 January 2019
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Current status: Answered by Humza Yousaf on 27 February 2019
Question
To ask the Scottish Government, further to the comments by the Cabinet Secretary for Justice on 24 October 2018 (Official Report, c. 99), whether the issues regarding the granting of second post mortems for resident Scots who have died abroad in suspicious circumstances has been raised with the Lord Advocate and, if so, what the outcome was.
Answer
Following the debate of 24 October I wrote to the Lord Advocate outlining the concerns raised during the debate. The Lord Advocate replied on 11 December explaining the arrangements under which second post mortems may be undertaken in relation to a death overseas when the body is repatriated to Scotland.
He has explained that if the remains of a person are repatriated to Scotland, this requires to be reported to the Death Certification Review Service (DCRS). Medical examiners within that service are responsible for ensuring that no burial or cremation occurs where there is no acceptable form of death certification. If it is considered appropriate to do so, DCRS intimate the circumstances of a particular death to the COPFS. COPFS may then take charge of the case and instruct a post mortem examination. In other circumstances, COPFS may assist nearest relatives in making arrangements for a post mortem examination in Scotland. The Scottish Fatalities Investigation Unit of COPFS and DCRS are in frequent contact regarding deaths, and the system works well. Where a case is referred to the Crown by DCRS, the procurator fiscal and the pathologist instructed by the Crown consider whether or not an additional examination of the body should be undertaken, even if a post mortem examination has already been conducted in the place of death. In practice, a second post mortem will often be of limited value, particularly if the body has been embalmed before transport to the UK.