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Modernising the FAI process 23/03/2015 The Scottish Government has published a Bill strengthening the Fatal Accident Inquiry Process in Scotland

 Modernising the FAI process

The Scottish Government has published a Bill strengthening the Fatal Accident Inquiry Process in Scotland. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Bill will set out practical measures for a system which is effective, efficient and fair. 

The proposals implement the remaining recommendations of Lord Cullen’s 2009 Review of Fatal Accident Inquiry Legislation to help modernise the way FAIs are handled in Scotland.

For the very first time, it will allow for discretionary FAIs into the deaths of Scots abroad where the body is repatriated to Scotland. The Bill is also designed to:

  • provide flexibility for the locations and accommodation for FAIs;
  • permit FAIs to be re-opened if new evidence arises or, if the evidence is so substantial to permit a completely new inquiry to be held; and
  • place a requirement on those who Sheriffs direct recommendations at the conclusion of the inquiry to respond on the steps they have taken or to explain why this has not been possible.

 

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