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

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

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

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.

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

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%).

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 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.

As at 3 April 2025, there are 246 mandatory Fatal Accident Inquiries where no First Notice has been lodged with the Sheriff Clerk. The oldest of those cases was reported to COPFS on 19 August 2018.

COPFS regularly liaises with the Scottish Courts & Tribunals Service (SCTS) in relation to upcoming Fatal Accident Inquiries. In particular, the Head of the Scottish Fatalities Investigation Unit (SFIU) of COPFS writes to all Sheriffs Principal on a quarterly basis to ensure future Fatal Accident Inquiry business is factored into the court programme as efficiently as possible.