Fatal Accident Inquiries

On 7th March 2009, “The Cabinet Secretary for Justice announced that he and the Lord Advocate had agreed that there should be a review of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976. The intention was that the review would ensure that the legislation was fit for the purpose for the next 30 years, and that it will improve the work that is done in this hugely important and sensitive area, with due regard for the concerns of bereaved relatives. The Government has asked the Right Hon Lord Cullen of Whitekirk, former Lord President of the Court of Session, to carry out the review on its behalf, with a view to reporting to the Lord Advocate and the Cabinet Secretary for Justice within one year of the start of the review with conclusions and recommendations.”

Lord Cullen’s report was published on 3rd November 2009 and can be seen at:
http://www.scotland.govuk/Publications/2009/11/02113726/0

SCID welcomed the review and welcomed the recommendations covering most aspects of an FAI. We hope that the recommendations will be accepted and implemented as soon as possible.
However, we are disappointed by the fact that victim families are still being marginalized and there are still no formal procedures in place for victim families to be given information on the purpose of an FAI and a formal procedure to state their views.

Why would some families seek a Fatal Accident Inquiry?
Families would seek an FAI to find out all the circumstances of their loved ones death and where relevant, measures put in place to avoid a similar occurrence in the future.

At present a Fatal Accident Inquiry is mandatory if someone is killed in the course of his/her employment or if someone dies in custody. Provision is only made for discretionary FAI where it appears to the Lord Advocate to be expedient in the public interest that an inquiry should be held into the circumstances of the death on the ground that it was sudden, suspicious or unexplained, or has occurred in circumstances such as to give rise to serious public concern.

In 2008 there were 15,576 casualties on Scotland’s roads of which 2,838 men, women and children were killed or seriously injured.
If this doesn’t merit serious public concern, what does?
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