Process
Generally the Procurator Fiscal will receive notification of a person's death and will investigate any which appear suspicious or where investigation is mandatory regardless of the suspicion of crime. Where the death appears to be due to a criminal act the Procurator Fiscal will initiate investigations by the police or other appropriate public authorities to enable the identification of suspects and associated evidence to enable him to prosecute the case in the Sheriff Court or for an Advocate Depute to prosecute in the High Court of Justiciary. However, if the circumstances give rise to investigation, or if the death occurred while the deceased was in lawful custody the Fiscal may choose to examine matters in greater detail. Where the circumstances justify it in the public interest, or where there is a statutory requirement the Fiscal will intimate his intention to prepare evidence for a Fatal Accident Inquiry.
A Fatal Accident Inquiry will take place before a Sheriff (judge) in a Sheriff court. There is no jury.
In particular, in terms of section 6 of the Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas: a) time and place of the death; b) the cause of death; c) any precautions which may have avoided the death; d) any defects in the system of working which may have avoided the death, and; e) any other relevant considerations. Evidence is presented by the Procurator Fiscal in the public interest, and other parties may be represented. Parties can choose representation by counsel (Advocate) or solicitor, or may appear in person.
Read more about this topic: Fatal Accident Inquiry
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