Seòmar agus comataidhean

There are no delays in post mortem examinations affecting legal proceedings in Scotland.

NHS Grampian provides the postmortem toxicology service for Aberdeen, Grampian and the Highlands and Islands. The Scottish Police Authority (SPA) provides the service for the rest of Scotland. SPA also currently processes priority cases for the whole of Scotland.

The current average turnaround time for post mortem toxicology results for non-priority cases referred to NHS Grampian in 2024 is 15.5 days, calculated from the date the samples arrive at the laboratory.

The current average turnaround time for post mortem toxicology results for cases referred to SPA in 2024, is 28 days for priority cases and 30.8 days for non-priority cases.

These figures are within the target agreed between COPFS and the toxicology providers.

A death may be considered suspicious if the facts and circumstances suggest it may have been caused as a result of criminality.

When a death is reported to the Procurator Fiscal, it may not be possible to determine from the facts and circumstances known at that time whether the death is suspicious. That may only be possible when the results of further enquiries – such as the findings of a post mortem examination – are known.

Where the death occurred has no bearing on whether or not the death will be investigated as potentially suspicious.

Current forensic pathology service levels in Aberdeen have made no significant impact to the investigation of drug related deaths in Aberdeen.

The majority of post mortem examinations in relation to deaths suspected to be due to the consumption of drugs can be conducted in Aberdeen without any delay.

There are no issues with unascertained causes of deaths on death certificates in Aberdeen.

The certification of a person’s death is a matter that falls solely within the clinical responsibility of medical practitioners, who require to be satisfied to the best of their knowledge and belief as to the cause of death.

Following a post mortem examination, the pathologist will ordinarily certify the cause of death. In some cases, an ‘interim’ death certificate is issued by the pathologist indicating that the cause of death is unascertained until the results of further analysis - including but not limited to histopathology, toxicology and neuropathology - are obtained. This certificate allows the death to be registered and the body to be released to the family to allow funeral arrangements to be made. Once all analysis has concluded and the final cause of death is confirmed, the interim death certificate is then amended. However, in a small percentage of cases the pathologist is unable to determine a cause of death even after all such analysis is done.

There are a number of reasons why the pathologist may be unable to determine a cause of death, such as a significant delay between the date of death and the body being found.

Where a pathologist is unable to determine a cause of death, they will include in their report as much information as possible about their findings to assist nearest relatives with possible explanations for the death having occurred. COPFS will provide that information to relatives when advising them of the final cause of death.

COPFS is the client and receiver of pathology services in Scotland and is not responsible for the training of pathologists.

The forensic histopathology training programme is delivered by the NHS, following Royal College of Pathologists curriculum and in conjunction with forensic pathology service providers at NHS sites across Scotland. There are four training positions within the NHS in Scotland. Training and retention are a matter for the NHS and pathology service providers.

However, COPFS encourages the training and development of Forensic Pathology trainees in Scotland by providing exposure to Crown-instructed post mortems as part of the training programme with the assistance of service providers. As part of the training programme, Forensic Pathology trainees are encouraged to attend court to experience the court system and the methods used to obtain evidence from professional witnesses.

COPFS has provided an awareness session to paediatric pathologists in Scotland led by a senior Advocate Depute and will consider further sessions in the future.

NHS Lothian provide pathology services for the East of Scotland. There are six full-time forensic pathologists performing both forensic and routine postmortems in Edinburgh.

In 2023-2024, NHS Lothian began providing support for the Aberdeen, Grampian and Highlands and Islands on-call and suspicious deaths due to the lack of forensic pathologists in Aberdeen to conduct double doctor forensic postmortems there.

Notwithstanding this additional workload, the numbers of examinations carried out by NHS Lothian are within the agreed maximum annual volume of post mortems and the agreed safe working level for a full-time pathologist in Scotland.

COPFS is grateful to NHS Lothian for their continued support and for ensuring continuity of these essential services whilst NHS Grampian develops a new local service in Aberdeen.

NHS Grampian has provided COPFS with a commitment to implement a forensic pathology service in Aberdeen, including the recruitment of full-time forensic pathologists, and COPFS is supporting that process.

It is however a matter for NHS Grampian to recruit forensic pathologists to provide the services.

The reimplementation of a forensic pathology service in Aberdeen may allow one of the forensic pathologist training posts to be filled there, improving the potential for sustainable forensic services in Aberdeen and Scotland.

COPFS’ case management database does not recognise the category of death of ‘industrial accident’. In order to identify deaths which may fall into this category, each of the 576 Crown-instructed post mortem examinations which were performed in Aberdeen in 2023-24 would require to be reviewed.

Any case that requires the post mortem examination to be conducted by two Forensic Pathologists is currently referred from Aberdeen to Edinburgh by COPFS. The majority of these are potential homicide cases.