Fatal accident inquiry changes come into force this week
Major changes to the way fatal accident inquiries are carried out will be introduced later this week.
Major changes to the way fatal accident inquiries are carried out will be introduced later this week.
The FAI system is being modernised through the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016, which comes into force on Thursday.
The legislation includes the power to hold FAIs into the deaths of Scots abroad.
Separate changes to the law will introduce mandatory FAIs for all military service deaths.
New categories have also been added, including children who die in secure accommodation, and deaths under police arrest, regardless of location.
Further changes include the power to reopen an inquiry if new evidence arises, and to hold a fresh one if the new evidence is substantial enough.
Legal Affairs Minister Annabelle Ewing said: “We are bringing the law on FAIs into the 21st century, taking some important steps to broaden the scope of inquiries, including to deaths abroad and the deaths of military personnel on duty in Scotland.
“FAIs are an essential part of our justice system and we want to make sure they are as effective and fair as possible. Sheriffs will now play a more active role in the process, and the new Act requires people and organisations to respond to recommendations made by sheriffs which will improve compliancy and accountability.”
Liam Murphy, Procurator Fiscal for specialist casework, said: “We welcome the introduction of new legislation to reform and modernise the system of Fatal Accident Inquiries.
“We fully understand how difficult the often complex process can be for bereaved families and our own Family Liaison Charter helps ensure that families are kept fully informed about the progress of an investigation.”