The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill proposes to reform the legislation governing Fatal Accident Inquiries (FAIs). It implements those recommendations from the Cullen Review (2009) which require primary legislation and with which the Scottish Government agrees.
The Bill’s main proposals are:
- updating the definitions which control when a mandatory FAI must be held
- enabling FAIs to be held where a person resident in Scotland dies abroad and their body is repatriated to Scotland
- requiring the Lord Advocate, on request, to give written reasons for a decision not to hold an FAI
- requiring a preliminary hearing to be held in advance of an FAI with the intention of tackling delays
- creating an obligation to respond to a sheriff’s recommendation and requiring the Scottish Courts and Tribunals Service to publish responses
This briefing also looks at Patricia Ferguson MSP’s proposals for a Member’s Bill on this subject.
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Published: 29 April 2015