Chamber and committees

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.

The Victims Taskforce has been established to improve support, advice and information for victims of crime and their families as they interact with the Scottish criminal justice system.

I am aware that there are a range of issues which Scottish families face when dealing with the death of a loved one abroad in suspicious circumstances, which are often also faced by victims of crime in Scotland. The Victims Taskforce will consider how these common issues can be tackled, informed by the experiences of victims themselves.

There are other issues related to the death of a loved one abroad which require specialist consular support, including the notification of a death abroad and subsequent advice to bereaved families. Consular support is reserved to the UK Government and the Scottish Government would ordinarily refer individuals to the Foreign and Commonwealth Office's Consular Affairs department who would work with Police Scotland.

However, I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-Party UK Parliamentary Group on Deaths Abroad and Consular Services. I am keen to explore this issue further.

Consular assistance, including the notification of a death abroad in suspicious circumstances and subsequent advice to bereaved families, is a reserved matter for the UK Government. The Scottish Government would ordinarily refer individuals to the Foreign and Commonwealth Office (FCO) who offer support to British nationals in difficulty abroad and to their families (either in the UK or elsewhere) to help them deal with the immediate effects of what has happened. Following repatriation of the deceased, several organisations within Scotland can provide support for the bereaved families, in addition to the work of community support and Police groups. This includes ‘Victim Support Scotland’ who are able to provide support to families in conjunction with the Foreign and Commonwealth Office. The Scottish Government has no powers to provide consular assistance but we will when appropriate raise concerns with the Foreign Office on behalf of Scots affected by deaths abroad and signpost them to agencies in Scotland to help them access the support they require. However, I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance. I am keen to explore this issue further.

The Scottish Government would ordinarily refer individuals to the Foreign and Commonwealth Office (FCO) who offer support to British nationals in difficulty abroad and to their families (either in the UK or elsewhere) to help them deal with the immediate effects of what has happened . Following repatriation of the deceased, several organisations within Scotland can provide support for the bereaved families, in addition to the work of community support and Police groups. This includes ‘Victim Support Scotland’ who are able to provide support to families in conjunction with the Foreign and Commonwealth Office. However, I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance. I am keen to explore this issue further.

Police Scotland receive notification regarding a death abroad in a number of ways, including direct contact from the Foreign and Commonwealth Office (FCO), information from family members and, occasionally, media interest.

While it is the responsibility of the Foreign and Commonwealth Office to support bereaved families of those who have died abroad, Police Scotland may become involved in certain circumstances.

However, I do not believe that the current system is wholly satisfactory and I am keen to explore this issue further. I also await with interest the report from the All–party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance. I am keen to explore this issue further.

I do not believe that the current system is wholly satisfactory. I look forward to the publication of the All-Party Parliamentary Group on Deaths Abroad and Consular Services report and any recommendations it makes in this area which lie within the competence of the Scottish Government. I am keen to explore this issue further.

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.

The Scottish Government looks forward to the publication of the All-Party Parliamentary Group on Deaths Abroad and Consular Services report and will consider if there are improvements it can make within its areas of responsibility. It is for Foreign Office Ministers to brief on consular policy to the APPG. I am also happy to meet with members of the group to discuss their report. However, I do not believe that the current system is wholly satisfactory, and await with interest the report from the All-party UK Parliamentary Group on Deaths Abroad and Consular Services and Assistance. I am keen to explore this issue further.

It is important to remember that the Foreign and Commonwealth Office are responsible for providing consular support to families whose loved ones have died abroad.

However, one of the most important considerations throughout the investigation of a death is providing support to the family of the deceased, who must be treated appropriately, professionally, with respect and according to their diverse needs.

In the event of the death, where there is a police investigation, the police have a duty to communicate effectively and inclusively with the bereaved family. On most occasions this can be achieved by deploying a trained Family Liaison Officer (FLO).

Although considered, Police Scotland FLOs will not be deployed in all cases where a Scots domicile is murdered, or the victim of another serious crime abroad. They will generally only be deployed if there is an investigative role for them, such as when identification of the victim is an issue or the foreign police service is requesting that enquiries are conducted in the UK.

Furthermore, if the victim’s body is returned to Scotland, then the local Procurator Fiscal may instruct local enquiry to be carried out to clarify how the person died and FLOs can assist in these circumstances.

It is important to remember that the Foreign and Commonwealth Office are responsible for providing consular support to families whose loved ones have died abroad. However, throughout any investigation process, the family must be treated with respect and in accordance with their needs.

The police have a positive duty to communicate effectively and inclusively with the bereaved family and when a police investigation is required, Police Scotland Family Liaison Officers (FLOs) may be deployed to assist in the circumstances outlined in my answer.