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Fatal Accident Inquiry Update

The Fatal Accident Inquiry (FAI) process is currently under review by the Scottish Government.

Their aim being to set out practical measures for a system of inquiry into fatalities that is effective, efficient and fair.

www.scotland.gov.uk/publications/2011/03/18150120/3

The current legislation is the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 which

provides for FAI’s to be held on a compulsory basis for some deaths

– employee during course of employment

– death of person in legal custody

and discretionary for others

_ in public interest ie sudden, suspicious or unexplained death

The FAI takes place before a sheriff in a sheriff court with no jury.

The Procurator Fiscal deals with the investigation and initiation of such inquiry and presents the

evidence in the public interest

 

In terms of section 6 of the Act the sheriff is required to produce a determination. The Sheriff is

required to consider:

(a) the time and place of death;

(b) 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;

(e) any other relevant considerations

other parties may be represented and parties can choose their representation.

The Glasgow Law Practice has a number of practitioners experienced in dealing with FAI matters.

As with all of our work our fee structure is open and discussed at the outset

In some cases we will deal with the FAI without charge

To speak to a solicitor now call 0845 270 1858

or use our online enquiry form

Click here to read more on our Fatal Accident Inquiry service.