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Judge recommends overhaul of FAIs | Judge recommends overhaul of FAIs |
(about 2 hours later) | |
One of Scotland's most senior judges is recommending a radical overhaul of the system of Fatal Accident Inquiries. | One of Scotland's most senior judges is recommending a radical overhaul of the system of Fatal Accident Inquiries. |
Lord Cullen, the former lord president, said FAIs should no longer be held in court buildings and sheriffs and lawyers should not wear wigs and gowns. | Lord Cullen, the former lord president, said FAIs should no longer be held in court buildings and sheriffs and lawyers should not wear wigs and gowns. |
The government-commissioned review also said it should be possible to hold FAIs into Scottish residents who die abroad. | The government-commissioned review also said it should be possible to hold FAIs into Scottish residents who die abroad. |
But it stopped short of recommending that deaths of service personnel abroad should be subject to such inquiries. | |
Lord Cullen, who led public inquiries into the Piper Alpha disaster and the Dunblane shootings, said: "My aim has been to set out practical measures for a system for inquiry into fatalities that is effective, efficient and fair." | Lord Cullen, who led public inquiries into the Piper Alpha disaster and the Dunblane shootings, said: "My aim has been to set out practical measures for a system for inquiry into fatalities that is effective, efficient and fair." |
He recommended the setting up of a central FAI team which would be led by an advocate depute or a senior prosecutor. | He recommended the setting up of a central FAI team which would be led by an advocate depute or a senior prosecutor. |
It would ensure that adequate FAI training is given to procurators fiscal. | It would ensure that adequate FAI training is given to procurators fiscal. |
Public concern | |
In his report, Lord Cullen provided a general outline of the current legislation and examined the main features of an FAI and the case for change. | |
Lord Cullen, whose review began in June 2008, also considered the types of cases which would be suitable, the procedure of an FAI and how its conclusions should be reported. | |
The judge consulted the public as part of his work and received 84 written responses, 63 from official bodies and 21 from individuals. | |
FAIs are public inquiries into fatal accidents, such as the death of a person at work or in legal custody. | FAIs are public inquiries into fatal accidents, such as the death of a person at work or in legal custody. |
They are also conducted where deaths are suspicious or unexplained and give rise to serious public concern. | They are also conducted where deaths are suspicious or unexplained and give rise to serious public concern. |
Their purpose is to establish the time, the place and cause of a death, but they do not attribute blame or guilt in either the civil or criminal sense. | Their purpose is to establish the time, the place and cause of a death, but they do not attribute blame or guilt in either the civil or criminal sense. |
There are between 35 and 80 fatal accident inquiries each year. | There are between 35 and 80 fatal accident inquiries each year. |