Pre-inquiry procedure
I115Initiating the inquiry
1
Where an inquiry is to be held into the death of a person, the procurator fiscal must give the sheriff notice that the inquiry is to be held.
2
A notice under subsection (1) must include—
a
a brief account of the circumstances of the death so far as known to the procurator fiscal, and
b
any other information required by an act of sederunt under section 36(1).
3
On receiving notice under subsection (1), the sheriff must make an order—
a
fixing—
i
a date and place for the holding of a preliminary hearing in accordance with section 16 (if one is to be held), and
ii
a date for the start of the inquiry and the place at which it is to be held, and
b
granting warrant for the procurator fiscal and the participants in the inquiry to cite persons to attend and give evidence at the inquiry.
4
But the sheriff need not fix a date for the start of the inquiry (and the place at which it is to be held) in the order if—
a
a preliminary hearing is to be held, and
b
the sheriff considers that it is not appropriate to fix the date before that hearing.
5
The sheriff may make an order varying a date or place fixed in an order under subsection (3).
6
The sheriff must, when fixing a date for the start of the inquiry, have regard to the desirability of holding the inquiry as soon as is reasonably practicable.