Sudden Deaths and Fatal Accident Inquiries in Scotland

Sudden Deaths and Fatal Accident Inquiries in Scotland cover

Sudden Deaths and Fatal Accident Inquiries in Scotland

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Description

Fatal Accident Inquiries involve a public examination of the circumstances of a death conducted before a Sheriff.
The responsibility for conducting FAIs lies with the Crown Office and Procurator Fiscal Service (COPFS).
In undertaking such investigations, COPFS is required to take all reasonable steps available to them to secure the evidence concerning the incident. Such evidence includes eyewitness accounts, forensic evidence and the post mortem report.

FAIs are now fully governed under the Inquiries into Fatal Accident and Sudden Deaths (Scotland) etc. Act 2016 (which came into force in June 2017).

By examining Sudden Deaths and FAIs, the book provides a contemporary and fresh insight into the system, starting with the role of COPFS in sudden death cases. All determinations must now (since 2012) be published, and these details provide a source about FAIs which can be analysed.

This new title includes:
- Scrutiny of the 2016 Act - whether the FAI process is fit for purpose and the ongoing issues with delays in holding inquires.
- The private member's Proposed Post-Mortem Examinations (Defence Time-Limit) (Scotland) Bill currently before the Scottish Parliament
- The possible effects that Brexit will have on inquiries into deaths abroad.
- The provisions of coronavirus legislation affecting both the UK and Scotland regarding the processes of registration of deaths. There will also be potentially mandatory and discretionary FAIs in respect of medical staff, those working in care homes and deaths from key workers. The Lord Advocate has already announced the investigation into such deaths.

Table of Contents

Introduction
PART 1 SUDDEN DEATHS AND FATAL ACCIDENT INQUIRIES
Chapter 1 Sudden Death
Chapter 2 Background and History of FAIs
Chapter 3 Purpose of FAIs
Chapter 4 Legislation - 2016 Act
Chapter 5 Systematic Process of FAI
Chapter 6 Conduct of the Inquiry
Chapter 6 Post Inquiry

PART 2 POLICY OF FAIs AND SPECIFIC FAIs
Chapter 7 Analysis of the role of FAIs
Chapter 8 International Perspective
Chapter 9 Deaths in Custody
Chapter 10 Deaths during employment/workplace
Chapter 11 Medical Deaths
Chapter 12 Important FAIs - Clutha/Lockerbie/Dunblane
Chapter 13 The Future
Chapter 14 Conclusions

Product details

Published 12 Jan 2023
Format Ebook (Epub & Mobi)
Edition 1st
Extent 336
ISBN 9781526519047
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Gillian Mawdsley

Gillian Mawdsley is a solicitor currently working…

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