This is a Member's bill
The Bill fell on 26 January 2021 at Stage 1
This Bill fell at Stage 1 of the process to decide if it should become an Act.
When a person has died in suspicious circumstances, a post-mortem examination (PME) is carried out. This happens within a few days of the death. If someone is charged in connection with the death, the accused person's solicitor can ask pathologists to carry out a further PME. This is called a "defence PME". There is no timeframe in which to make this request.
This Member’s Bill changes this by creating a 14-day time limit to request pathologists to carry out a defence PME. The Bill also lets the defence solicitor apply to the courts for an extension to the time limit. There is no limit to the number of applications for extensions.
The Member hopes that creating an extendable time limit for defence PMEs will reduce delays in the release of bodies. He also believes the Bill will reduce the distress experienced by families of the deceased. It will give them more certainty about the process and when funeral arrangements can be made.
Post-mortem Examinations (Defence Time Limit) (Scotland) Bill as Introduced (234KB, pdf) posted 23 May 2020
Explanatory Notes (232KB, pdf) posted 21 May 2020
Policy Memorandum (204KB, pdf) posted 21 May 2020
Financial Memorandum (139KB, pdf) posted 21 May 2020
Delegated Powers Memorandum (146KB, pdf) posted 21 September 2020
Statements on legislative competence (74KB, pdf) posted 21 May 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Bill was introduced on 21 May 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee. The lead committee considers and reports on the Bill.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
A Stage 1 debate took place on 26 January 2021 to consider and decide on the general principles of the Bill.
The Bill ended Stage 1 on 26 January 2021
If MSPs do not agree with what a Bill is trying to do, they can vote against it at the end of Stage 1 or at Stage 3. If a majority of MSPs vote against a Bill then it will not pass and it ‘falls’.
Bills can also fall if they have not completed Stage 3 by the end of a Parliamentary session. These Bills can be reintroduced in the next session and the process would begin again from the start.