A Comprehensive Guide to Fatal Accident Inquiries in Scotland: Procedures, Regulations, and Key Considerations for Legal Practitioners

Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP

Practice notes

Scottish Law

A Comprehensive Guide to Fatal Accident Inquiries in Scotland: Procedures, Regulations, and Key Considerations for Legal Practitioners

Produced in partnership with Paul Marshall of Brodies LLP and Ramsay Hall of Brodies LLP

Practice notes

Scottish Law

This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) in Scotland. For information about equivalent inquiries in England and Wales into unexpected deaths, known as coroners’ inquests, see Practice Note: The purpose and scope of coroners' inquests.

Reporting of deaths and the Scottish Fatalities Investigations Unit

When a person dies in Scotland, they cannot be buried or cremated until a medical certificate giving the cause of death has been issued. This certificate, called the Medical Certificate of the Cause of Death (MCCD or Form 11), must be completed by a doctor, and must show the time, date, place and cause of death, including any conditions directly leading to the death and any antecedent conditions.

Certain deaths must be reported to the Procurator Fiscal. A ‘reportable death’ is one that cannot entirely be attributed to natural causes or one that may be due in whole or in part to natural causes but that occurs in particular circumstances. Those circumstances are:

•
where

Paul Marshall

Partner, Brodies LLP

Paul is a Partner with Brodies LLP where he leads the Corporate Crime and Investigations practice. The practice is the first port of call for responsible clients operating in high risk sectors in Scotland and internationally. Paul has 15 years' experience advising on financial and corporate crime investigations in Scotland, elsewhere in the UK and overseas. He is highly regarded in the Scottish market, in London, and by international clients. He is recognised as an expert on matters of fraud, bribery and corruption in Scotland. Paul is recognised internationally for his work in this area. He regularly speaks to UK and international audiences on the approach of the UK financial crime regulators to self-reporting of fraud, bribery and corruption. He is widely published in this field. Regulators also recognise Paul's expertise. He is instructed both by clients facing financial crime allegations and by regulators responsible for investigating financial crime in Scotland. Paul is retained by the Law Society of Scotland as a fiscal responsible for prosecuting lawyers for financial and other misconduct. He has developed a substantial practice advising responsible businesses on the fraud, bribery and corruption risks that they face in their international supply chains.

Ramsay Hall

Senior Associate, Brodies LLP

Ramsay is a member of Brodies' Corporate Crime and Investigations practice. He qualified into the team in 2012 and has experience of providing investigation support as well as representation in prosecutions across a range of sectors. In particular, he has provided advice on fraud, bribery and corruption, VAT evasion offences, money laundering, environmental offences, international sanctions and actions under the Proceeds of Crime Act 2002.

Ramsay regularly represents clients facing prosecution in Sheriff Courts throughout Scotland. He has both trial and criminal debate experience. He has also worked closely with counsel in respect of solemn proceedings.

Jurisdiction(s):

United Kingdom

Key definition:

Reporting definition

What does Reporting mean?

This involves providing members with annual or quarterly updates on the performance of their chosen investment funds as well as an obligatory annual forecast on the value in today's terms of their accumulated benefits today and at retirement.

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