Seòmar agus comataidhean

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Responsibility for the delivery of the transmission network infrastructure including compliance with safety standards, sits with the transmission owner working within a regulatory framework overseen by Ofgem and other relevant regulators such as the Health and Safety Executive.

In terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, an Inquiry is to be held if the Lord Advocate considers that the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern, and decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

Detailed guidance is also available for COPFS staff to assist them in identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

The views of the nearest relatives about the holding of an Inquiry will always be taken into account, although the decision is ultimately for COPFS to make.

COPFS does not hold this information. However, any decision to hold a Fatal Accident Inquiry is ordinarily not taken until other proceedings, including criminal proceedings, have been completed or ruled out.

COPFS would not expect to be made aware of any disciplinary action which results from a Fatal Accident Inquiry.

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2024-25, 74% featured public bodies as interested parties. The public bodies were as follows: Scottish Prison Service (53% of all FAIs), NHS boards (50%), Prison Officers’ Association of Scotland (17%), Police Service of Scotland (6%), Scottish Ambulance Service (4%), Health and Safety Executive, Scottish Fire & Rescue Service, The British Army and the Office of the Advocate General for Scotland (all 2%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2023-24, 80% featured public bodies as interested parties. The public bodies were as follows: NHS boards (51% of all FAIs), Scottish Prison Service (46%), Prison Officers’ Association of Scotland (20%), Police Service of Scotland (9%), Scottish Ambulance Service, Health and Safety Executive and Home Office (all 3%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2022-23, 62% featured public bodies as interested parties. The public bodies were as follows: NHS boards (50% of all FAIs), Scottish Prison Service (45%), Prison Officers’ Association of Scotland (24%), Police Service of Scotland, Health and Safety Executive, Scottish Fire & Rescue Service, Glasgow City Council, Maritime & Coastguard Agency, Orkney Islands Council and the Attorney General of the Republic of Cyprus (all 2%).

At the end of the reporting year 2024-25, there were 246 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk. Of those 246 cases, 92 were less than one year old (from the date the death was reported to COPFS), 75 were more than one year old and 79 were more than two years old.

At the end of the reporting year 2023-24, there were 250 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

At the end of the reporting year 2022-23, there were 218 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

For the reporting years 2022-23 and 2023-24, we hold no data on the age profiles of those cases.

COPFS holds records of all concluded Fatal Accident Inquiries dating back to 1 April 2013.

For that period, the longest duration from the date of death to the conclusion of the Fatal Accident Inquiry was in relation to the FAI into the death of Boguslaw Kopec. The date of Mr Kopec’s death was 13 March 2011. A First Notice commencing the FAI process was issued on 24 August 2020 and the Inquiry commenced on 9 November 2020. Evidence was concluded on 3 December 2020 and the Sheriff’s Determination was published on 11 March 2021.

The investigation into Mr Kopec’s death was hampered by difficulties tracing and obtaining the evidence of essential witnesses. In addition, Inquiry proceedings could only be commenced after criminal proceedings had been ruled out. Nevertheless, the Crown at that time acknowledged that the time taken to conduct its death investigation in this case had been far too long and apologised for the fact that its investigation and the Inquiry proceedings were not concluded sooner.

COPFS has significantly reformed its processes in recent years to improve the quality of death investigations and reduce the time taken to investigate deaths and bring FAIs to court. However, in some cases FAIs have taken too long to commence and we understand the impact that waiting for investigations to conclude has on families.

COPFS staff take into account the terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 when identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

In addition, detailed guidance is available for COPFS staff to assist them in identifying such cases. That guidance applies in relation to all deaths in Scotland that have been reported to COPFS.

To further ensure consistency in decision-making, decisions on Fatal Accident Inquiries are taken by a pool of experienced Crown Counsel.

COPFS does not record this information. There is no formal process that requires to be followed to request that a Fatal Accident Inquiry is held. The views of nearest relatives will be obtained during the death investigation process and taken into account when the final decision is made.

Not all of the data requested is recorded centrally. The Scottish Government publishes statistical data on FAIs annually on its website. The latest data is reproduced in the following table: