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.
