Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

Type Act of the Scottish Parliament

Publication 2016-01-14

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Inquiries into certain deaths

Inquiries under this Act

1

(1) Where an inquiry is to be held into the death of a person in accordance with sections 2 to 7, the procurator fiscal must—

(a) investigate the circumstances of the death, and

(b) arrange for the inquiry to be held.

(2) An inquiry is to be conducted by a sheriff.

(3) The purpose of an inquiry is to—

(a) establish the circumstances of the death, and

(b) consider what steps (if any) might be taken to prevent other deaths in similar circumstances.

(4) But it is not the purpose of an inquiry to establish civil or criminal liability.

(5) In this Act, unless the context requires otherwise—

(a) “inquiry” means an inquiry held, or to be held, under this Act,

(b) references to a “sheriff” in relation to an inquiry are to a sheriff of the sheriffdom in which the inquiry is, or is to be, held.

Inquiries into deaths occurring in Scotland

Mandatory inquiries

2

(1) An inquiry is to be held into the death of a person which—

(a) occurred in Scotland, and

(b) is within subsection (3) or (4).

(2) Subsection (1) is subject to section 3.

(3) The death of a person is within this subsection if the death was the result of an accident which occurred—

(a) in Scotland, and

(b) while the person was acting in the course of the person's employment or occupation.

(4) The death of a person is within this subsection if, at the time of death, the person was—

(a) in legal custody, or

(b) a child required to be kept or detained in secure accommodation.

(5) For the purposes of subsection (4)(a), a person is in legal custody if the person is—

(a) required to be imprisoned or detained in a penal institution,

(b) in police custody, within the meaning of section 64 of the Criminal Justice (Scotland) Act 2016 , or otherwise in custody at a police station,

(d) required to be detained in service custody premises.

(6) For the purposes of subsections (4)(b) and (5)(a) and (d), it does not matter whether the death occurred in secure accommodation, a penal institution or, as the case may be, service custody premises.

(7) In this section—

“penal institution” means any—prison (including a legalised police cell within the meaning of section 14(1) of the Prisons (Scotland) Act 1989), other than a naval, military or air force prison,remand centre, within the meaning of section 19(1)(a) of that Act,young offenders institution, within the meaning of section 19(1)(b) of that Act,

“secure accommodation” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children,

“service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.

Mandatory inquiries: exceptions

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(1) The Lord Advocate may decide that an inquiry is not to be held into the death of a person within section 2(3) or (4) if satisfied that the circumstances of the death have been sufficiently established during the course of proceedings of a kind mentioned in subsection (2).

(2) The proceedings referred to in subsection (1) are—

(a) criminal proceedings,

(b) an inquiry under section 17(2) of the Gas Act 1965 (accidents),

(c) an inquiry under section 14(2A) of the Health and Safety at Work etc. Act 1974 (power of the Health and Safety Executive to direct investigations and inquiries),

(d) an inquiry under section 1 of the Inquiries Act 2005 (power to establish inquiry),

(e) an inquiry under section 85(1) of the Energy Act 2013 (inquiries).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discretionary inquiries

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(1) An inquiry is to be held into the death of a person which occurred in Scotland if the Lord Advocate—

(a) considers that the death—

(i) was sudden, suspicious or unexplained, or

(ii) occurred in circumstances giving rise to serious public concern, and

(b) decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

(2) Subsection (1) does not apply to a death within section 2(3) or (4).

Certain deaths and accidents to be treated as occurring in Scotland

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(1) For the purposes of sections 2 and 4, the death of a person, or an accident, is to be treated as having occurred in Scotland if it occurred—

(a) in connection with an activity falling within section 11(2) of the Petroleum Act 1998 (application of civil law to offshore activities), and

(b) in a relevant area.

(2) In subsection (1)(b), “relevant area” means an area in respect of which it is provided by Order in Council under section 11(1) of the Petroleum Act 1998 that questions arising out of acts or omissions taking place in the area are to be determined in accordance with the law in force in Scotland.

Inquiries into deaths occurring abroad

Inquiries into deaths occurring abroad: general

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(1) Subsection (3) applies to the death of a person if—

(a) the death occurred outwith the United Kingdom, and

(b) at the time of death, the person was ordinarily resident in Scotland.

(2) But that subsection does not apply to the death of a person within section 12(2) or (3) of the Coroners and Justice Act 2009 (investigation in Scotland of deaths of service personnel abroad).

(3) An inquiry is to be held into a death to which this subsection applies if the Lord Advocate—

(a) considers that the death—

(i) was sudden, suspicious or unexplained, or

(ii) occurred in circumstances giving rise to serious public concern,

(b) considers that the circumstances of the death have not been sufficiently established in the course of an investigation in relation to the death,

(c) considers that there is a real prospect that those circumstances would be sufficiently established in an inquiry, and

(d) decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

Inquiries into deaths occurring abroad: service personnel

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(1) An inquiry is to be held into the death of a person if—

(a) the Lord Advocate is notified in relation to the death under section 12(4) or (5) of the Coroners and Justice Act 2009 (investigation in Scotland of deaths of service personnel abroad),

(b) the death is within subsection (2) or (3), and

(i) decides that it is in the public interest for an inquiry to be held into the circumstances of the death, and

(ii) does not reverse that decision.

(2) The death of a person is within this subsection if the person was, at the time of death, in custody in circumstances analogous to legal custody (as construed by reference to section 2(5)).

(3) The death of a person is within this subsection if the Lord Advocate considers that the death—

(a) was sudden, suspicious or unexplained, or

(b) occurred in circumstances giving rise to serious public concern.

(4) But this section does not apply to a death within subsection (2) if the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established in the course of any criminal proceedings against any person in respect of the death.

Family liaison charter

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(1) The Lord Advocate must prepare a family liaison charter.

(2) A family liaison charter is a document setting out how the procurator fiscal will liaise with the family of a person in relation to whose death an inquiry may or is to be held.

(3) In particular, the charter must set out—

(a) information to be made available to the family, and

(b) timescales for the giving of the information.

(4) The Lord Advocate may from time to time revise the charter prepared under subsection (1).

(5) The Lord Advocate must—

(a) consult such persons as the Lord Advocate considers appropriate before preparing the charter under subsection (1) or revising it under subsection (4),

(b) lay the charter or revised charter before the Scottish Parliament, and

Reasons where inquiry not held

Reasons for decision not to hold an inquiry

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Where it is decided that an inquiry is not to be held into the death of a person (“A”), the Lord Advocate must give reasons in writing if requested to do so by—

(a) A's spouse or civil partner at the time of A's death,

(b) a person living with A as if married to A at the time of A's death, or

(i) did not have a spouse or civil partner, and

(ii) was not living with a person as if married to the person.

Procurator fiscal's investigation

Citation of witnesses for precognition

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(1) The procurator fiscal may cite a person to attend for precognition in connection with an investigation under section 1(1)(a).

(2) This section is sufficient warrant for such citation.

(3) Subsection (4) applies where a person cited under subsection (1)—

(a) having been given reasonable notice in the citation, and without reasonable excuse, fails to attend for precognition at the time and place mentioned in the citation, or

(b) does so attend but refuses to give information which is—

(i) within the person's knowledge, and

(ii) relevant to the investigation.

(4) The sheriff may, on the application of the procurator fiscal, make an order requiring the person to attend for precognition or, as the case may be, give the information at a time and place specified in the order.

(5) A person who fails to comply with an order under subsection (4) commits an offence.

(6) A person who commits an offence under subsection (5) is liable on summary conviction to imprisonment for a term not exceeding 21 days or a fine not exceeding level 3 on the standard scale (or both).

Participants

Persons who may participate in the inquiry

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(1) The following persons may participate in inquiry proceedings in relation to the death of a person (“A”)—

(a) A's spouse or civil partner at the time of A's death,

(b) a person living with A as if married to A at the time of A's death,

(i) did not have a spouse or civil partner, and

(ii) was not living with a person as if married to the person,

(d) where the death is within section 2(3)—

(i) A's employer, if A was acting in the course of the person's employment,

(ii) an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (appointment of inspectors),

(iii) a trade union, or similar body, representing the interests of workers in connection with the employment or occupation concerned, if A was at the time of A's death a member of the trade union or body,

(e) any other person who the sheriff is satisfied has an interest in the inquiry.

(2) In this Act—

(a) “inquiry proceedings” means any proceedings under this Act in relation to an inquiry,

(b) references to a participant in an inquiry are references to a person who participates in the inquiry proceedings by virtue of subsection (1).

Location

Places at which inquiries may be held

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(1) The Scottish Ministers may by regulations designate places at which a sheriff court may be held for the purposes of this Act (in addition to the places designated by virtue of the Courts Reform (Scotland) Act 2014 for the holding of sheriff courts).

(2) The Scottish Ministers may make regulations under subsection (1) only following the submission of a proposal under subsection (3).

(3) The Scottish Courts and Tribunals Service (“the SCTS”) may, with the agreement of the Lord President of the Court of Session, submit a proposal to the Scottish Ministers for the making of regulations under subsection (1).

(4) Before submitting a proposal to the Scottish Ministers, the SCTS must consult such persons as it considers appropriate.

(5) If, following the submission of a proposal, the Scottish Ministers decide to make regulations, they must have regard to the proposal in deciding what provision to make in the regulations.

(6) The Scottish Ministers may make regulations under subsection (1) only with the consent of—

(a) the Lord President, and

(b) the SCTS.

(7) Regulations under subsection (1)—

(a) may make transitional, transitory or saving provision,

(b) are subject to the affirmative procedure.

Jurisdiction in relation to inquiries

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(1) Inquiry proceedings may be held in a sheriffdom whether or not there is a connection between the death, or any accident resulting in the death, to which the inquiry relates and the sheriffdom, and a sheriff of the sheriffdom accordingly has jurisdiction in relation to the proceedings.

(2) The Lord Advocate is, after consulting the Scottish Courts and Tribunals Service, to choose the sheriffdom in which proceedings are to be held.

(3) But the sheriff may make an order transferring the proceedings to a sheriff of another sheriffdom.

(4) The sheriff may make an order under subsection (3) only—

(a) after giving the procurator fiscal and the participants in the inquiry an opportunity to make representations about the proposed transfer, and

(b) with the consent of—

(i) the sheriff principal of the sheriffdom of which the sheriff is a sheriff, and

(ii) the sheriff principal of the sheriffdom to which the sheriff proposes to transfer the proceedings.

(5) The sheriff may make such an order—

(a) on the sheriff's own initiative, or

(b) on the application of the procurator fiscal or a participant in the inquiry.

Inquiries into multiple deaths

Inquiry into more than one death

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(1) A single inquiry may be held into the deaths of more than one person if it appears to the Lord Advocate that the deaths occurred—

(a) as a result of the same accident, or

(b) otherwise in the same or similar circumstances.

(2) Where an inquiry is held in relation to the deaths of more than one person, references in this Act to the death to which, or person to whom, the inquiry relates are references to each death to which, or person to whom, the inquiry relates.

Pre-inquiry procedure

Initiating the inquiry

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(1) Where an inquiry is to be held into the death of a person, the procurator fiscal must give the sheriff notice that the inquiry is to be held.

(2) A notice under subsection (1) must include—

(a) a brief account of the circumstances of the death so far as known to the procurator fiscal, and

(b) any other information required by an act of sederunt under section 36(1).

(3) On receiving notice under subsection (1), the sheriff must make an order—

(a) fixing—

(i) a date and place for the holding of a preliminary hearing in accordance with section 16 (if one is to be held), and

(ii) a date for the start of the inquiry and the place at which it is to be held, and

(b) granting warrant for the procurator fiscal and the participants in the inquiry to cite persons to attend and give evidence at the inquiry.

(4) But the sheriff need not fix a date for the start of the inquiry (and the place at which it is to be held) in the order if—

(a) a preliminary hearing is to be held, and

(b) the sheriff considers that it is not appropriate to fix the date before that hearing.

(5) The sheriff may make an order varying a date or place fixed in an order under subsection (3).

(6) The sheriff must, when fixing a date for the start of the inquiry, have regard to the desirability of holding the inquiry as soon as is reasonably practicable.

Preliminary hearings

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(1) At least one preliminary hearing is to be held before the start of an inquiry unless the sheriff dispenses with that requirement in accordance with provision made in an act of sederunt under section 36(1).

(2) Subsection (3) applies where the sheriff dispenses with the requirement to hold a preliminary hearing.

(3) The sheriff may subsequently make an order—

(a) for the holding of such a hearing, and

(b) fixing the date and place for it to be held.

(4) Provision is to be made in an act of sederunt under section 36(1) about—

(a) matters to be dealt with at a preliminary hearing under this Act,

(b) things that the procurator fiscal and the participants in the inquiry must do before such a hearing.

Notice of the inquiry

17

(1) After the sheriff makes an order under section 15(3) in relation to an inquiry, the procurator fiscal must give notice to the persons mentioned in subsection (2) of the following matters—

(a) the fact that the inquiry is to be held, and

(b) if fixed in the order—

(i) the date and place for the holding of the preliminary hearing,

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