Fatal Accident Inquiry - Differences From Other Jurisdictions

Differences From Other Jurisdictions

In Scotland, an FAI deals with deaths which have occurred in Scotland, whereas in England and Wales a Coroner will deal with the investigation of a death where the body lies within his district irrespective of where the death actually occurred. Among other matters this has led to some distress being caused to the families of servicemen who have been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals have been delayed. In more general circumstances it can result in other deaths abroad not being subjected to judicial oversight. Both of these are matters which might be affected by changes resulting from the current (2008-2009) Scottish Government review mentioned above.

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