Whether it can provide figures on how many post mortem examinations have been conducted under the instruction of the Crown Office and Procu…

Between 1 January and 31 August 2023, COPFS instructed 4,460 post mortem examinations. Of those, 383 were conducted by way of a non-invasive examination.
Procurators Fiscal do not seek the consent of nearest relatives for a post mortem examination to be instructed. A post-mortem examination may be required to determine the cause of death, to ensure the circumstances surrounding the death are fully investigated and to exclude criminality. Whilst the views of the family will be sought and taken into account, the final decision as to whether it is necessary for a post mortem examination to be carried out is for the Procurator Fiscal as part of their independent role in investigating the person’s death. Any views expressed by relatives in relation to the conducting of a post mortem examination are recorded, usually within the report submitted by Police Scotland to the Procurator Fiscal. Further information cannot be provided as that would require a manual check to be made of every case where a post mortem examination was instructed.
While the decision regarding the necessity to instruct a post mortem examination is made by the Procurator Fiscal, and in certain deaths, such as homicides where criminality is being investigated, the Procurator Fiscal must specify certain requirements of the examination to ensure that any evidence obtained meets the required criminal standard, it is a matter for the pathologist, as the medical practitioner responsible for establishing the cause of death, to conduct the examination in the most appropriate manner to ascertain the cause of death accurately.
It is also a matter for the pathologist to decide, during the examination, whether it is necessary to obtain tissue samples in order for them to instruct further tests or examinations to clarify the cause of death. The pathologist will make the decision as whether any organs require to be removed during a post mortem examination for further testing, whether in the form of whole organs, or small samples from organs.
No samples that are retained are kept by COPFS and they are instead retained by the NHS as part of the deceased’s medical records.
COPFS keeps a record of all cases where a pathologist has decided that it is necessary to retain a whole organ during a post mortem examination. This record also includes details of when the organs are returned to the family of the deceased at the conclusion of examinations.