Question reference: S6W-02817
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
- Date lodged: 14 September 2021
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Current status: Answered by Dorothy Bain on 29 September 2021
Question
To ask the Scottish Government whether a sheriff has been identified to preside over the fatal accident inquiry into the Cameron House fire.
Answer
As Lord Advocate, I am head of the system for the investigation of deaths in Scotland, as well as of the system of criminal prosecution. I am, accordingly, constitutionally responsible for the investigation of sudden, unexpected, and unexplained deaths in Scotland, as well as for the prosecution of crime. These are functions which I exercise independently of any other person.
Death investigations are undertaken on my behalf by Procurators Fiscal, who act under the direction as required of Crown Counsel. Procurators Fiscal are professional lawyers, who act independently in the public interest. Crown Counsel are likewise senior lawyers who act independently in the public interest and who are responsible for prosecuting the most serious criminal cases and for providing instructions to Procurators Fiscal as required.
Where an inquiry is to be held into the death of a person, the procurator fiscal must investigate the circumstances of the death and arrange for the inquiry to be held.
An inquiry is to be conducted by a sheriff. The purpose of an inquiry is to establish the circumstances of the death and consider what steps (if any) might be taken to prevent other deaths in similar circumstances.
The appointment of a sheriff to the Fatal Accident Inquiry is a matter for the Sheriff Principal and the Scottish Courts and Tribunals Service.