Scotland: Fatal Accident Inquiry

George Thomas Allison, Sarah Helen Darnely, Gary McCrossan, Duncan Munro

Reference INV-B29-20 Published 19 October 2020 Sheriff Sheriff Principal Derek C W Pyle Sheriffdom Grampian, Highland and Islands Section 28 responses identified 0 8-week deadline 14 December 2020

Recommendations

Recommendations (the sheriff's words)

But I agree with senior counsel for the Crown that the industry and the regulatory authorities should take note of Captain Prior’s evidence that: “by working together, the manufacturer and the operators, you can create that bridge so that the operators understand how the auto pilot was designed to be used and the quirks and the pros and cons of various modes of flight, and at the same time the manufacturer can understand how the operators intend to the use the aircraft, provide guidance, and as well make sure that the product is optimised for use… The FCOM is perhaps a good way to improve the SOPs.”

In the longer term, I note that consideration is being given to establishing a protocol between the CAA and the Crown for the investigation of air accidents. I would encourage that initiative. It would also be timely that the Memorandum of Understanding between the Association of Chief Police Officers (Scotland) which no longer exists and the AAIB and others is updated to reflect the foundation of Police Scotland and, if appropriate, lessons learned from this and other accidents.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.