Coroners and Justice Act 2009

50 Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

(1) The Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) is amended as follows.

(2) After section 1 insert—

“1A Death of service personnel abroad

(1) Subsection (4) applies where—

(a) the Lord Advocate is notified under section 12(4) or (5) of the Coroners and Justice Act 2009 in relation to a death,

(b) the death is within subsection (2) or (3), and

(c) the Lord Advocate—

(i) decides that it would be appropriate in the public interest for an inquiry under this Act to be held into the circumstances of the death, and

(ii) does not reverse that decision.

(2) A death is within this subsection if the person who has died was, at the time of the death, in legal custody (as construed by reference to section 1(4)).

(3) A death is within this subsection if it appears to the Lord Advocate that the death—

(a) was sudden, suspicious or unexplained, or

(b) occurred in circumstances such as to give rise to serious public concern.

(4) The procurator fiscal for the appropriate district must—

(a) investigate the circumstances of the death, and

(b) apply to the sheriff for the holding of an inquiry under this Act into those circumstances.

(5) But subsection (4) does not extend to a death within subsection (2) if the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established in the course of any criminal proceedings against any person in respect of the death.

(6) An application under subsection (4)(b)—

(a) is to be made to the sheriff of the appropriate sheriffdom,

(b) must narrate briefly the circumstances of the death so far as known to the procurator fiscal,

(c) may relate to more than one death if the deaths occurred in the same or similar circumstances.

(7) It is for the Lord Advocate to determine the appropriate district and appropriate sheriffdom for the purposes of subsections (4) and (6)(a).”

(3) In section 2 (citation of witnesses for precognition), in subsection (1), after “section 1(1)” insert “or 1A(4)”.

(4) In section 3 (holding of public inquiry), in subsections (1) and (3), after “section 1” insert “or 1A”.

(5) In section 6 (sheriff’s determination etc), in subsection (4)(a)(i), after “section 1” insert “or 1A”.