Fatal Accident Inquiries
Our solicitors can provide advice and representation in respect of all Fatal Accident Inquiry hearings. If you have been asked to attend an FAI, or if an FAI has been called in respect of a loved one, get in touch with us to see how we can help you.
Approximately 11,000 deaths are currently reported to the Crown Office and Procurator Fiscal Service each year. A small percentage of these deaths (around 50 to 60) will be put forward for a Fatal Accident Inquiry. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, which recently came into force, lays out the rules surrounding FAIs in Scotland. FAIs are mandatory in certain circumstances, such as in the event of a death in custody or police detention, where a death occurs as a result of an accident at work, where a child has died while they were being held in secure accommodation and military service deaths. An FAI will also be called where the investigation of the circumstances surrounding a death is in the public interest, such as where a death occurs suddenly or under suspicious circumstances, where a death is unexplained or where there is public concern surrounding the death. The Lord Advocate will decide if an FAI is appropriate in such discretionary cases. The new Act also allows the possibility of an FAI into a death of a UK citizen abroad, even in cases where the body is not repatriated.
A Fatal Accident Inquiry is a fact-finding exercise which is not designed to apportion blame or be punitive in any way. The Procurator Fiscal will investigate the cause of death and whether anything reasonably could have been done to prevent the death. Fatal Accident Inquiries will usually be held in the Sheriff Court but may be held elsewhere if it is deemed more suitable to the case. A Sheriff can, where appropriate, make recommendations to the parties involved, such as those pertaining to precautions which can be taken in future, improvements that can be made or systems that should be put in place to prevent future deaths. There is a legal duty for parties to carry out such recommendations. Where a Fatal Accident Inquiry has closed, but new substantial evidence arises, the Inquiry can reopen.
Legal Aid for Fatal Accident Inquiry Representation
It is possible to claim Legal Aid for Fatal Accident Inquiry representation. This will be subject to an eligibility test. Legal Aid may also be available to the family of a deceased person to facilitate representation of their interests. Give us a call if you are not sure if you qualify for Legal Aid, we will be happy to check your eligibility for you.
Our lawyers have a vast amount of experience in FAI hearings and regularly provide representation in courts throughout Scotland. Speak to one of our team today to learn more about the process and how we can help.
The Glasgow Law Practice has been serving clients in Glasgow and around Scotland since 1985. We are a local firm committed to providing a high-quality service to our clients. Our solicitors offer pragmatic, practical and cost-effective advice, in a down to earth, approachable way. Our exceptional service is evidenced by referrals and our clients who come back again and again.
Contact our Fatal Accident Inquiry Solicitors Glasgow
At the Glasgow Law Practice, we have a long, proud history of working with clients to help them understand how the law affects them and their families. We serve clients in and around Glasgow including Paisley, Govan, Partick, Bishopbriggs, Moodiesburn, East Kilbride, Hamilton, Bellshill and Coatbridge. Our specialist solicitors are well-versed in advising on and representing clients' interests at hearings. We will work with you leading up to and during the hearing, ensuring that you are fully advised on what any decision will mean for you and your family. Contact us today. Pop into one of our offices in Baillieston, Cambuslang, Muirhead, St Vincent Street and Saltmarket for free initial advice or you can get in touch on 01415529193. You can also complete our online enquiry form and one of our team will get back to you shortly.