Fatal accident inquiries

In some situations, such as a death occurring in police custody or as a result of an accident at work, an FAI will be mandatory. In other situations, the decision to hold an FAIs is at the discretion of the Crown Office and Procurator Fiscal Service (COPFS). The COPFS not only prosecutes crime but is responsible for investigating sudden deaths occurring in Scotland. The COPFS will decide to hold a discretionary FAI where it is felt to be in the public interest to do so. They may consult with family members of the deceased but the decision to hold an FAI ultimately lies with the COPFS.

The purpose of FAIs is not to assign blame or point fingers at individuals, but to explore the circumstances of the death and to try and identify whether systems or processes can be improved to prevent future deaths in similar circumstances. FAIs follow their own court procedure and have their rules which require to be complied with, so having a specialist solicitor on board is extremely important.