Written Question · S6W-27892 · Session 6
What assessment it has made of the effectiveness of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, and what…
The question
To ask the Scottish Government what assessment it has made of the effectiveness of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, and what its position is on whether further changes might be needed.
The answer
The Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. These functions are exercised independently of government. Parliament considered and modernised the law on FAIs in 2016 and there are no current plans to revisit the legislation.
The Scottish Government, in conjunction with the Crown Office, continually assesses the effectiveness of the system for FAIs. As a result of this continual assessment, the Crown Office has significantly reformed the arrangements for the investigation of deaths. These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so. The Crown Office has also recently established a Specialist Casework Death Investigations Improvement Programme. Its purpose is to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to deliver increased efficiencies in the investigation of deaths.
The Crown Office has acknowledged that in some cases the time taken to conclude a thorough death investigation has been too long. Unfortunately, there will always be a small number of deaths that will need a prolonged period of investigation due to their complexity. Irrespective of the type of FAI, the investigation must be completed thoroughly before a decision can be made to commence any inquiry proceedings. The decision to hold an inquiry cannot be taken until other proceedings, such as any criminal charges have been completed or ruled out.
FAIs are just one part of the system for investigating deaths. In many cases lessons are often learned, changes made and answers given to families without an FAI.
We have increased the Crown Office budget in recent years to support a range of its improvement work, including modernising processes for investigating deaths. The Crown Office has also significantly reformed its processes to reduce the time taken to investigate deaths and to bring FAIs to court more quickly.
We have every confidence in the system that is in place for FAIs but we acknowledge that there is always more that can be done. We keep matters under review in consultation with the Crown Office and are looking for ways in which the system can be improved.
The Scottish Government, in conjunction with the Crown Office, continually assesses the effectiveness of the system for FAIs. As a result of this continual assessment, the Crown Office has significantly reformed the arrangements for the investigation of deaths. These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so. The Crown Office has also recently established a Specialist Casework Death Investigations Improvement Programme. Its purpose is to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to deliver increased efficiencies in the investigation of deaths.
The Crown Office has acknowledged that in some cases the time taken to conclude a thorough death investigation has been too long. Unfortunately, there will always be a small number of deaths that will need a prolonged period of investigation due to their complexity. Irrespective of the type of FAI, the investigation must be completed thoroughly before a decision can be made to commence any inquiry proceedings. The decision to hold an inquiry cannot be taken until other proceedings, such as any criminal charges have been completed or ruled out.
FAIs are just one part of the system for investigating deaths. In many cases lessons are often learned, changes made and answers given to families without an FAI.
We have increased the Crown Office budget in recent years to support a range of its improvement work, including modernising processes for investigating deaths. The Crown Office has also significantly reformed its processes to reduce the time taken to investigate deaths and to bring FAIs to court more quickly.
We have every confidence in the system that is in place for FAIs but we acknowledge that there is always more that can be done. We keep matters under review in consultation with the Crown Office and are looking for ways in which the system can be improved.
In the Official Report
No contribution in the Official Report cites S6W-27892 by reference.