The Scottish Government is seeking views on proposals to modernise legislation on Fatal Accident Inquiries (FAIs).
In particular, opinions are sought on:
- whether the categories of death in which it is mandatory to hold a fatal accident inquiry be expanded;
- whether to place a requirement on those who are the subject of a Sheriff's recommendations at the conclusion of the inquiry to respond;
- whether discretionary FAIs into deaths of Scots abroad should be permitted where the body is repatriated to Scotland;
- the options for holding FAIs in alternative accommodation.
An FAI is an examination of the circumstances of a death to determine time, place and cause of death. They are mandatory for deaths that occur as a result of an accident in the course of employment or in legal custody, but may also be held where the circumstances of a death are sudden, suspicious or unexplained or it occurred in circumstances which give rise to serious public concern.
FAIs are usually held in a sheriff court though they can be held in alternative accommodation in a town or city where there is a sheriff court - an example being the recent FAI into the 2009 Super Puma crash was held in the Council Chamber of Aberdeen City Chambers. The sheriff makes a determination as to the time, place and cause of death and can make recommendations as to how deaths in similar circumstances may be avoided in the future.
The consultation is open until Tuesday 9 September 2014.
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