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Consultation into FAIs 02/07/2014 The Scottish Government has launched a consultation on proposals to modernise the law relating to Fatal Accident Inquiries.

Consultation into FAIs

The Scottish Government has launched a consultation on proposals to modernise the law relating to Fatal Accident Inquiries. The proposals aim to implement the remaining recommendations of Lord Cullen’s 2009 Review of Fatal Accident Inquiry Legislation.

It will also seek views on:

  • building on the recommendations implemented by the Crown Office to make the system more efficient
  • extending the categories of death in which it is mandatory to hold a fatal accident inquiry
  • placing a requirement on those to whom Sheriffs direct recommendations at the conclusion of the inquiry, to respond.
  • permitting discretionary FAIs into deaths of Scots abroad where the body is repatriated to Scotland
  • options for holding FAIs in alternative accommodation

“In 2008, the Scottish Government commissioned an independent review into the legislation around fatal accident inquiries (FAIs) in Scotland, led by Lord Cullen. The process was designed to ensure that the FAI system was fit for purpose in the light of changes to other parts of the justice system,” said Justice Secretary Kenny MacAskill.

“Lord Cullen made 36 recommendations, some of these were the responsibility of the Crown Office and Procurator Fiscal Service ,” he explained. “These have been implemented through the formation of the Scottish Fatalities Investigation Unit, however this consultation will build on these changes and give further consideration to other vital areas.”

 

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