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  4. Faculty queries summary sheriffs holding FAIs

Faculty queries summary sheriffs holding FAIs

12th May 2015 | civil litigation

Concerns over the possible use of the new summary sheriffs to preside at fatal accident inquiries have been raised by the Faculty of Advocates.

In its written evidence to the Scottish Parliament’s Justice Committee on the Inquiries into Fatal Accident and Sudden Deaths (Scotland) Bill, the advocates note that ministers have included FAIs in the jurisdiction of summary sheriffs, the new lower level of judicial office created by the court reform legislation, but say they have “some concern” about the proposal.

“While this would allow for flexibility, and may assist in the aim of securing that inquiries will be held as quickly as possible, the use of summary sheriffs would appear to run counter to the proposal for ‘specialist’ sheriffs,” the Faculty states.

“Given the limited jurisdiction of summary sheriffs, there may be a perception that an inquiry before a summary sheriff is being treated with less significance than an inquiry before a non-summary sheriff.”

Faculty supports the bill’s aim of making the investigation process quicker and more transparent, and regards it as important that the bill would allow an FAI to be held anywhere in Scotland, regardless of where the death had occurred. However it calls for the views or interests of the family of the deceased to be taken into account when decisions are made about forum, as the local sheriff court may be the most convenient for the family of the deceased, witnesses and other interested parties.

One point on which Faculty disagrees with the bill is in relation to deaths of children looked after by the state. The bill would limit the class of mandatory inquiries to deaths where a child was held in secure accommodation, whereas Faculty supports Lord Cullen's recommendation that a mandatory inquiry should be held into the death of any child in a residential establishment, since all such children are "subject to the coercive power of the state".

Click here to view the Faculty's submission. 

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