Chamber and committees

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

COPFS holds records of all concluded Fatal Accident Inquiries dating back to 1 April 2013.

For that period, the longest duration from the date of death to the conclusion of the Fatal Accident Inquiry was in relation to the FAI into the death of Boguslaw Kopec. The date of Mr Kopec’s death was 13 March 2011. A First Notice commencing the FAI process was issued on 24 August 2020 and the Inquiry commenced on 9 November 2020. Evidence was concluded on 3 December 2020 and the Sheriff’s Determination was published on 11 March 2021.

The investigation into Mr Kopec’s death was hampered by difficulties tracing and obtaining the evidence of essential witnesses. In addition, Inquiry proceedings could only be commenced after criminal proceedings had been ruled out. Nevertheless, the Crown at that time acknowledged that the time taken to conduct its death investigation in this case had been far too long and apologised for the fact that its investigation and the Inquiry proceedings were not concluded sooner.

COPFS has significantly reformed its processes in recent years to improve the quality of death investigations and reduce the time taken to investigate deaths and bring FAIs to court. However, in some cases FAIs have taken too long to commence and we understand the impact that waiting for investigations to conclude has on families.

In terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, an Inquiry is to be held if the Lord Advocate considers that the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern, and decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

Detailed guidance is also available for COPFS staff to assist them in identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

The views of the nearest relatives about the holding of an Inquiry will always be taken into account, although the decision is ultimately for COPFS to make.

The Family Liaison Charter sets out the Crown’s obligations in relation to liaising with and providing information to bereaved relatives.

In relation to every death where a Fatal Accident Inquiry is to be held, a dedicated COPFS Victim Information and Advice (VIA) Officer will update the nearest relative throughout the investigation and inquiry processes, including directing them to organisations that offer support and bereavement counselling. The VIA Officer will also update the family after the Inquiry has concluded about the publication of the Sheriff’s Determination.

COPFS regularly invites and receives feedback from nearest relatives of their experience of the death investigation and Fatal Accident Inquiry processes. That feedback is carefully considered to identify any improvements that can be made. As an example, feedback obtained by COPFS VIA Officers on the questions commonly asked by relatives was used to assist in the preparation of a Guide to Fatal Accident Inquiries on the COPFS website, providing detailed information for bereaved families about the FAI process.

COPFS has established a Death Investigations Improvement Board to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to reduce the journey time for concluding death investigations, including FAIs. One of the significant workstreams of that Board is the proposed creation of a Lived Experience Advisory Panel, which will enable participants with experience of the death investigation process to help inform improvements to the process by providing independent advice to the Board on a range of issues.