Fatal accident inquiry

A fatal accident inquiry (inquiries) is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to service personnel at the discretion of the Chief Coroner or the Secretary of State. The equivalent process in England and Wales is an inquest. A major review of the fatal accident inquiries was undertaken by Lord Cullen of Whitekirk, at the request of the Scottish Government, which resulted in the passing of the Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Fatal accident inquiries were introduced into Scots Law by the Fatal Accidents Inquiry (Scotland) Act 1895, before which time the circumstances of a death which required examination were determined by a procurator fiscal. Since then, the procurator fiscal now deals with the investigation and initiation of such inquiries. The applicable legislation is the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 and Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, and the law provides for inquiries to be held on a mandatory basis for some deaths and on a discretionary basis for others.

Previously, a fatal accident inquiry only dealt with deaths that occurred in Scotland, whereas in England and Wales a Coroner will deal with the investigation of a death where the body lies within their district irrespective of where the death actually occurred. This led to some distress being caused to the families of service personnel who had been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals have been delayed.

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