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

COPFS does not hold this information.

There are a number of agencies who may be involved in carrying out inquiries into the circumstances surrounding a death. It is important that the results of those inquiries – which may be specifically instructed by COPFS or part of a separate investigation process - are carefully considered by COPFS before any decisions can be taken on the holding of an FAI.

COPFS has limited influence over the timescales for the completion and provision of reports by other organisations. However, we are currently constructively engaging with many of the public bodies responsible for the completion of internal investigations to ensure that they are completed to an acceptable standard, with outcomes provided to COPFS at the earliest possible stage.

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 staff take into account the terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 when identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

In addition, detailed guidance is available for COPFS staff to assist them in identifying such cases. That guidance applies in relation to all deaths in Scotland that have been reported to COPFS.

To further ensure consistency in decision-making, decisions on Fatal Accident Inquiries are taken by a pool of experienced Crown Counsel.

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.

COPFS regularly liaises with the Scottish Courts & Tribunals Service (SCTS) in relation to upcoming Fatal Accident Inquiries. In particular, the Head of the Scottish Fatalities Investigation Unit (SFIU) of COPFS writes to all Sheriffs Principal on a quarterly basis to ensure future Fatal Accident Inquiry business is factored into the court programme as efficiently as possible.

Not all of the data requested is recorded centrally. The Scottish Government publishes statistical data on FAIs annually on its website. The latest data is reproduced in the following table:

The recommendations in FAI determinations cover a wide variety of policy areas. Each area will consider what action to take in relation to each recommendation that is relevant to its own area of responsibility.