Source · Scotland · Fatal Accident Inquiry
John Morton Murray
Scotland · FAI
Reference: FAI-JOHN-MURTON-MURRAY
Published: 2 Nov 2004
Sheriff: Sheriff Peter J. Braid
Sheriffdom: Tayside, Central and Fife
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Court recommendations
Identified
Responses identified
0
8-week deadline
28 Dec 2004
Section 28 status
Response pending
Recommendations
It would seem sensible for the practice to be extended to other shooting establishments and I so recommend. (How that is achieved is for consideration by others, although one possibility may be to write it into the conditions contained in in section 11(6) authorisations.) [98] I have also determined that it would have been a reasonable precaution for Cluny Clays to have asked Mr Murray to provide the name of a referee and to have inquired of that person whether there was any reason why Mr Murray should not be allowed access to a gun.
Further, the advantage of the referee system over a database is that it gives at least some prospect of identifying persons who should not be allowed to shoot but who have never applied for or held a shot gun certificate (and who therefore would not appear on a database of refusals or revocations.) Again, I recommend that the practice should be extended to other shooting establishments.
One improvement which should be made to the system currently operated by Cluny Clays is that the visitor should, in all cases, be asked to prove his identity by producing a passport, driving certificate or similar along with vouching of his address; and a record should be kept that this has been done.
I therefore recommend that henceforth the police make such a check of the GP in all cases, before either granting or renewing a certificate.
I recommend that the layout be changed so that the car park cannot be reached other than by passing reception (which is, and should be, permanently staffed).
Further, the advantage of the referee system over a database is that it gives at least some prospect of identifying persons who should not be allowed to shoot but who have never applied for or held a shot gun certificate (and who therefore would not appear on a database of refusals or revocations.) Again, I recommend that the practice should be extended to other shooting establishments.
One improvement which should be made to the system currently operated by Cluny Clays is that the visitor should, in all cases, be asked to prove his identity by producing a passport, driving certificate or similar along with vouching of his address; and a record should be kept that this has been done.
I therefore recommend that henceforth the police make such a check of the GP in all cases, before either granting or renewing a certificate.
I recommend that the layout be changed so that the car park cannot be reached other than by passing reception (which is, and should be, permanently staffed).
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks.
The window from publication ran to 28 December 2004.
See how we track responses.
Section 28 responses
Response pendingNo response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.
Determination details
- Reference
- FAI-JOHN-MURTON-MURRAY
- Published
- 2 November 2004
- Sheriff
- Sheriff Peter J. Braid
- Sheriffdom
- Tayside, Central and Fife
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About FAIs
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.