Date lodged: 1 March 2018
To ask the Scottish Government what its position is on reviewing the legislation regarding fatal accidents and sudden deaths to include the categories of death that might trigger an inquiry.
Answered by: Annabelle Ewing 13 March 2018
The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 came fully into force in June 2017. The 2016 Act modernised the law in relation to Fatal Accident Inquiries. The Act followed lengthy consultation and a full review conducted by Lord Cullen into the previous legislation which dated from 1976.
The new Act extended the circumstances under which a Fatal Accident Inquiry is mandatory and sets out the powers of the Lord Advocate to initiate a discretionary inquiry. Although the new legislation will be kept under review the Scottish Government has no plans to amend the recently enacted legislation.