Question reference: S6W-03351
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
- Date lodged: 28 September 2021
-
Current status: Answered by Dorothy Bain on 15 October 2021
Question
To ask the Scottish Government what its response is to reported data from the Crown Office and Procurator Fiscal Service stating that the average time taken to complete a fatal accident inquiry increased by eight months to 939 days in 2020-21.
Answer
Between 1 April 2020 and 31 March 2021, COPFS concluded 59 FAIs, an increase from 57 the previous year. This increase took place notwithstanding an increase of more than 40% deaths reported to COPFS compared to previous years as well as the restrictions on court business for much of that period due to the COVID-19 pandemic.
In relation to those 59 FAIs, 43 related to deaths which had occurred between 2018 and 2020.
In recognition of the fact that some death investigations have taken too long, COPFS has made significant changes to its practices and additional resources have been applied to this important area of work. There has been a particular focus on clearing a backlog of cases and consequently some older FAIs concluded during this period which will have affected the figures quoted.
There are legitimate and unavoidable reasons for prolonged periods of investigation: the overriding necessity of conducting death investigations thoroughly; the need to wait for the outcome of other related investigations; the need to obtain expert advice; and the need to consider and, in some cases, conclude criminal proceedings before holding an FAI.