Fatal accident probe takes 9 years

A FATAL accident inquiry has taken more than nine years so far – and is still not completed

The Crown Office and Procurator Fiscal Service (COPFS) released data on investigations into sudden deaths or accidents, following a Freedom of Information request from the Scottish Liberal Democrats.

The figures showed that, as of October 28 last year, one FAI, stretching back to 20122013, had not been concluded after 3,427 days. The case is currently awaiting a sheriff’s determination.

Another FAI into the death of a person in custody remained outstanding 2,678 days – more than seven years – after being called in 2014-2015. In total, some 164 inquiries remain outstanding, including 53 where the deaths occurred in 2020-2021.

Scottish Lib Dem justice spokesman Liam McArthur called for a legal duty to be put in place for inquiries to begin within one year of the death.

‘The fatal accident inquiry system should be about offering closure for families and learning lessons for the future,’ he said.

‘A system that takes almost ten years to come to its conclusions is next to useless and an insult to families. It is time FAIs were removed from the remit of the Crown Office and handed to a new body charged with ensuring inquiries begin in a year and results are presented in a timely fashion.’

A COPFS spokesman said: ‘COPFS has increased the resources available to its death investigations teams and changed working practices with a focus on progressing older cases.’

A spokesman for the Scottish Government stressed that FAIs fall under the remit of the Lord Advocate, saying: ‘The Crown Office has reformed the arrangements for the investigation of deaths. These reforms have already resulted in reductions in the duration of death investigations.’