Chamber and committees

Any case that requires the post mortem examination to be conducted by two Forensic Pathologists is currently referred from Aberdeen to Edinburgh by COPFS. The majority of these are potential homicide cases.

COPFS work closely with the mortuary team and locum pathologists to ensure that post mortem examinations taking place in Aberdeen are completed within the target turnaround time in the majority of cases. Regular performance updates are provided to COPFS and stakeholders work collaboratively to address any performance issues.

All post mortems are completed by experienced NHS consultant pathologists following the Royal College of Pathologist guidance and standards.

COPFS is the client and receiver of pathology services in Scotland and is not responsible for the training of pathologists.

The forensic histopathology training programme is delivered by the NHS, following Royal College of Pathologists curriculum and in conjunction with forensic pathology service providers at NHS sites across Scotland. There are four training positions within the NHS in Scotland. Training and retention are a matter for the NHS and pathology service providers.

However, COPFS encourages the training and development of Forensic Pathology trainees in Scotland by providing exposure to Crown-instructed post mortems as part of the training programme with the assistance of service providers. As part of the training programme, Forensic Pathology trainees are encouraged to attend court to experience the court system and the methods used to obtain evidence from professional witnesses.

COPFS has provided an awareness session to paediatric pathologists in Scotland led by a senior Advocate Depute and will consider further sessions in the future.

NHS Lothian provide pathology services for the East of Scotland. There are six full-time forensic pathologists performing both forensic and routine postmortems in Edinburgh.

In 2023-2024, NHS Lothian began providing support for the Aberdeen, Grampian and Highlands and Islands on-call and suspicious deaths due to the lack of forensic pathologists in Aberdeen to conduct double doctor forensic postmortems there.

Notwithstanding this additional workload, the numbers of examinations carried out by NHS Lothian are within the agreed maximum annual volume of post mortems and the agreed safe working level for a full-time pathologist in Scotland.

COPFS is grateful to NHS Lothian for their continued support and for ensuring continuity of these essential services whilst NHS Grampian develops a new local service in Aberdeen.

There are no issues with unascertained causes of deaths on death certificates in Aberdeen.

The certification of a person’s death is a matter that falls solely within the clinical responsibility of medical practitioners, who require to be satisfied to the best of their knowledge and belief as to the cause of death.

Following a post mortem examination, the pathologist will ordinarily certify the cause of death. In some cases, an ‘interim’ death certificate is issued by the pathologist indicating that the cause of death is unascertained until the results of further analysis - including but not limited to histopathology, toxicology and neuropathology - are obtained. This certificate allows the death to be registered and the body to be released to the family to allow funeral arrangements to be made. Once all analysis has concluded and the final cause of death is confirmed, the interim death certificate is then amended. However, in a small percentage of cases the pathologist is unable to determine a cause of death even after all such analysis is done.

There are a number of reasons why the pathologist may be unable to determine a cause of death, such as a significant delay between the date of death and the body being found.

Where a pathologist is unable to determine a cause of death, they will include in their report as much information as possible about their findings to assist nearest relatives with possible explanations for the death having occurred. COPFS will provide that information to relatives when advising them of the final cause of death.

The proposed reforms include new standardised processes for developers to share information and consult with local communities and wider stakeholders on plans for new clean energy infrastructure before submitting an application.

This will help to involve communities at an earlier stage where they can most effectively influence outcomes, drive improvement in the quality of applications and speed up the determinations process, with new powers for Scottish Ministers to reject applications that do not meet requirements.

The reforms would increase public participation in development proposals at pre application stage. The transparency of the process would remain unchanged. All information relating to applications to build, operate or modify onshore electricity generating stations with capacities exceeding 50 megawatts, as well as all applications to install overhead power lines, large oil and gas pipelines, and associated infrastructure are published and searchable on our Energy Consents website, at https://energyconsents.scot/

In my capacity as Cabinet Secretary for Net Zero and Energy, I can confirm that I have not met with the listed Community Councils and I currently have no plans in place to meet them.

All locum pathologists used to cover non-suspicious Crown-instructed post mortems in Aberdeen are NHS consultants with significant experience of conducting examinations. Prior to being instructed by the Crown, each locum pathologist is interviewed by COPFS officials and an experienced Forensic Pathologist to confirm that they have the appropriate skills and experience to take on the role.

There are no identified quality issues with the post mortem examinations being carried out by locum pathologists in Aberdeen.

NHS Grampian has provided COPFS with a commitment to implement a forensic pathology service in Aberdeen, including the recruitment of full-time forensic pathologists, and COPFS is supporting that process.

It is however a matter for NHS Grampian to recruit forensic pathologists to provide the services.