Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice

Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice considers the unique Scottish system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs).

This book explains the role of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS) as core to the death investigation process. It examines the reporting of sudden deaths, COPFS's investigation process, and the holding of mandatory and discretionary FAIs, concluding with issuing of determinations and recommendations.

The historical development of the FAI system charts their inception from the late nineteenth century to the FAIs held under the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) etc. Act 2016 (2016 Act).
This new title:

- Examines the FAI process from the sudden deaths to the holding of an FAI
- Contrasts the FAIs with inquiries held under the Inquiries Act 2005
- Analyses how the 2016 Act works given current issues of delay and Covid-19
- Considers the judiciary's role relating to FAI determinations and recommendations made under the 2016 Act
- Focuses on mandatory FAIs relating to deaths in custody
- Compares the FAI process in Scotland with England and Wales and provides a brief international overview
- Considers the State's requirements under Article 2 of the European Convention on Human Rights
- Discusses availability of public information on FAIs and access to legal aid
- Advises how the public may access FAI records

This first comprehensive survey takes account of changes made by the 2016 Act, providing fresh insight into the investigations into sudden deaths and the holding of FAIs. It provides an essential basis to understand and assess the current working practices of the FAI system.

This title is included in Bloomsbury Professional's Scottish Law Service.

List 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

APPENDIX 1 Miscellaneous Forms and Reports
APPENDIX 2 Examples of FAIs in Scotland since 1895

About the author

Gillian Mawdsley is a Scottish practising solicitor, principally focused now in lecturing and teaching roles in Law at the Open University, Edinburgh University and Strathclyde University. Her professional background was gained mainly in the public sector, including policy work at Scottish Government and the Law Society of Scotland. She worked within Crown Office and Procurator Fiscal Service (as a Procurator Fiscal Depute for nearly 20 years.) During that time, she worked in the Deaths Unit, investigating a significant number of homicides and sudden deaths and undertook a number of FAIs, specialising in complex medical deaths. She has longstanding interests in law and medicine. She is committed to the importance of improving awareness and understanding of the law for the public and practitioners.

Summary

Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice considers the unique Scottish system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs).

This book explains the role of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS) as core to the death investigation process. It examines the reporting of sudden deaths, COPFS’s investigation process, and the holding of mandatory and discretionary FAIs, concluding with issuing of determinations and recommendations.

The historical development of the FAI system charts their inception from the late nineteenth century to the FAIs held under the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) etc. Act 2016 (2016 Act).
This new title:

- Examines the FAI process from the sudden deaths to the holding of an FAI
- Contrasts the FAIs with inquiries held under the Inquiries Act 2005
- Analyses how the 2016 Act works given current issues of delay and Covid-19
- Considers the judiciary’s role relating to FAI determinations and recommendations made under the 2016 Act
- Focuses on mandatory FAIs relating to deaths in custody
- Compares the FAI process in Scotland with England and Wales and provides a brief international overview
- Considers the State’s requirements under Article 2 of the European Convention on Human Rights
- Discusses availability of public information on FAIs and access to legal aid
- Advises how the public may access FAI records

This first comprehensive survey takes account of changes made by the 2016 Act, providing fresh insight into the investigations into sudden deaths and the holding of FAIs. It provides an essential basis to understand and assess the current working practices of the FAI system.

This title is included in Bloomsbury Professional's Scottish Law Service.

Foreword

This new text provides a contemporary and fresh insight into the unique Scottish system for investigation into sudden deaths, the role of the Crown Office and Procurator Fiscal Service (COPFS) and Fatal Accident Inquiries (FAIs).

Product details

• Authors: Gillian Mawdsley
• Publisher: Bloomsbury Academic
• Languages: English
• Product format: Paperback / Softback
• Released: 21.12.2023
• EAN: 9781526519030
• ISBN: 978-1-5265-1903-0
• No. of pages: 352
• Dimensions: 156 mm x 232 mm x 18 mm
• Weight: 560 g
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / General, Scotland, LAW / Administrative Law & Regulatory Practice, Civil procedure: investigation and specific proceedings, Civil procedure, litigation & dispute resolution