Scotland: Fatal Accident Inquiry

Stephen Clark Paton

Reference B231/08 Published 25 August 2008 Sheriff Sheriff P. Gillam Sheriffdom Lothian and Borders Section 28 responses identified 0 8-week deadline 20 October 2008

Recommendations

Recommendations (the sheriff's words)

I would hope that consideration in that review would be given to the possibility of a discretion being given to the Court not to hold an inquiry if the family of the deceased, after receiving legal advice, put forward strong reasons for such an inquiry not taking place.

I would also hope that if an inquiry is to take place, it should do so as soon as the inquiries are completed, which hopefully would happen within months, rather than years after the event.

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.