New data shows fatal accident inquiry took more than nine years to complete

The Crown Office and Procurator Fiscal Service (COPFS) has released information on investigations into sudden deaths or accidents.

Crown Office building
Author: Collette McGoniglePublished 8th Jan 2022

A fatal accident inquiry (FAI) took more than nine years to be completed, new figures show.

The Crown Office and Procurator Fiscal Service (COPFS) released data on investigations into sudden deaths or accidents, following a freedom of information request from the Scottish Liberal Democrats.

The figures showed that, as of October 28 last year, one FAI, stretching back to 2012-13, had not been concluded after 3,427 days.

Another FAI into the death of a person in custody remained outstanding 2,678 days - more than seven years - after being called in 2014-15.

In total, some 164 inquiries remain outstanding, including 53 where the deaths occurred in 2020-21.

Scottish Lib Dem justice spokesman Liam McArthur called for a legal duty to be put in place for inquiries to begin within one year of the death.

"The fatal accident inquiry system should be about offering closure for families and learning lessons for the future," he said.

"A system that takes almost 10 years to come to its conclusions is next to useless and an insult to families.

"Across Scotland families are desperate for answers about the fates of their loved ones but after a decade evidence is lost and memories fade.

"The Scottish Government have had plenty of opportunities to reform fatal accident inquiries but they have clung to a failed system.

"It is time FAIs were removed from the remit of the Crown Office and handed to a new body charged with ensuring that inquiries begin within a year and results are presented in a timely fashion."

A COPFS spokesman said: "COPFS has increased the resources available to its death investigations teams and changed working practices with a focus on progressing older cases.

"These measures are delivering a significant improvement in the service delivered by the Procurator Fiscal in this important area of work."

A spokesman for the Scottish Government stressed that FAIs fall under the remit of the Lord Advocate, saying: "The Crown Office has significantly reformed the arrangements for the investigation of deaths.

"These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so.

"Parliament considered and modernised the law on FAIs in 2016 and there are no current plans to revisit the legislation."

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