In Scotland, all sudden, suspicious, accidental, unexpected, and unexplained deaths are investigated by procurators fiscal.David Wilson, Partner at Digby Brown Solicitors, has decades of experience helping people affected by fatal accidents.
Here, he shares insights into Scotland’s fatal accident inquiries (FAIs) to make sure bereaved families understand the process as they seek the recognition - and answers - they deserve.FAIs are court hearings, similar to Coronary Inquiries in England and Wales, whose purpose is to investigate the circumstances around a sudden death in Scotland.As they are inquiries and not a trial, they do not find anyone or any organisation guilty of the death.The aim is only to confirm what happened, identify (and improve) any failings and prevent deaths or similar incidents from happening in the future.FAIs also only take place if the Crown Office and Procurator Fiscal Service (COPFS) decides - the most common reason being where the death has taken place in custody, at work or it is in the public interest to do so.The loss of a loved one is always devastating.
However, when it has happened due to the failure of an organisation or other party families should have the right to have answers to any of their questions surrounding the death.For bereaved families, an FAI is often their only opportunity to have a judicial examination of the circumstances.
What actually happened? How did it happen? Why did it happen? How common is this? Why aren’t people listening to us? While FAIs are most commonly seen following deaths in the workplace or custody, over the last few years Scotland has seen some high-profile cases linked to public accidents:As these inquiries are public and dealing with fatal incidents
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