Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
| Year | 1976 |
Fatal Accidents andSudden Deaths Inquiry(Scotland) Act 1976
1976 CHAPTER 14
An Act to make provision for Scotland for the holding of public inquiries in respect of fatal accidents, deaths of persons in legal custody, sudden, suspicious and unexplained deaths and deaths occurring in circumstances giving rise to serious public concern.
[13th April 1976]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Investigation of death and application for public inquiry.
(1) Subject to the provisions of any enactment specified in Schedule I to this Act and subsection (2) below, where—
(a ) in the case of a death to which this paragraph applies—
(i) it appears that the death has resulted from an accident occurring in Scotland while the person who has died, being an employee, was in the course of his employment or, being an employer or self-employed person, was engaged in his occupation as such; or
(ii) the person who has died was, at the time of his death, in legal custody; or
(b ) it appears to the Lord Advocate to be expedient in the public interest in the case of a death to which this paragraph applies that an inquiry under this Act should be held into the circumstances of the death on the ground that it was sudden, suspicious or unexplained, or has occurred in circumstances such as to give rise to serious public concern,
the procurator fiscal for the district with which the circumstances of the death appear to be most closely connected shall investigate those circumstances and apply to the sheriff for the holding of an inquiry under this Act into those circumstances.
(2) Paragraph (a ) of subsection (1) above applies to a death occurring in Scotland after the commencement of this Act (other than such a death in a case where criminal proceedings have been concluded against any person in respect of the death or any accident from which the death resulted, and the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established in the course of such proceedings), and paragraph (b ) of that subsection applies to a death occurring there at any time after the date 3 years before such commencement.
(3) An application under subsection (1) above—
(a ) shall be made to the sheriff with whose sheriffdom the circumstances of the death appear to be most closely connected;
(b ) shall narrate briefly the circumstances of the death so far as known to the procurator fiscal;
(c ) may, if it appears that more deaths than one have occurred as a result of the same accident or in the same or similar circumstances, relate to both or all such deaths.
(4) For the purposes of subsection (1)(a ) (ii) above, a person is in legal custody if—
(a ) he is detained in, or is subject to detention in, a prison, remand centre, detention centre, borstal institution, or young offenders institution, all within the meaning of the Prisons (Scotland) Act 1952 ; or
(b ) he is detained in a police station, police cell, or other similar place; or
(c ) he is being taken—
(ii) from any such place in which immediately before such taking he was detained.
2 Citation of witnesses for precognition.
(1) The procurator fiscal may, for the purpose of carrying out his investigation under section 1(1) of this Act, cite witnesses for precognition by him, and this section shall be sufficient warrant for such citation.
(2) If any witness cited under subsection (1) above—
(a ) fails without reasonable excuse and after receiving reasonable notice to attend for precognition by the procurator fiscal at the time and place mentioned in the citation served on him; or
(b ) refuses when so cited to give information within his knowledge regarding any matter relevant to the investigation in relation to which such precognition is taken,
the procurator fiscal may apply to the sheriff for an order requiring the witness to attend for such precognition or to give such information at a time and place specified in the order; and the sheriff shall, if he considers it expedient to do so, make such an order.
(3) If the witness fails to comply with the order of the sheriff under subsection (2) above, he shall be liable to be summarily punished forthwith by a fine not exceeding 25 or by imprisonment for any period not exceeding 20 days.
3 Holding of public inquiry
(1) On an application under section 1 of this Act being made to him, the sheriff shall make an order—
(a ) fixing a time and place for the holding by him of an inquiry under this Act (hereafter in this Act referred to as ‘the inquiry’), which shall be as soon thereafter as is reasonably practicable in such courthouse or other premises as appear to him to be appropriate, having regard to the apparent circumstances of the death; and
(b ) granting warrant to cite witnesses and havers to attend at the inquiry at the instance of the procurator fiscal or of any person who may be entitled by virtue of this Act to appear at the inquiry.
(2) On the making of an order under subsection (1) above, the procurator fiscal shall—
(a ) intimate the holding of the inquiry and the time and place fixed for it to the wife or husband or the nearest known relative and, in a case where the inquiry is being held in respect of such a death as is referred to in section 1(1)(a )(i) of this Act, to the employer, if any, of the person whose death is the subject of the inquiry, and to such other person or class of persons as may be prescribed in rules made under section 7(1)(g ) of this Act; and
(b ) give public notice of the holding of the inquiry and of the time and place fixed for it.
(3) Where an application under section 1 of this Act relates to more than one death, the order made under subsection (1) above shall so relate; and in this Act references to a death shall include references to both or all deaths or to each death as the case may require, and in subsection (2)(a ) above the reference to the person whose death is the subject of the inquiry shall include a reference to each person whose death is the subject of the inquiry.
4 Conduct of public inquiry.
(1) At the inquiry, it shall be the duty of the procurator fiscal to adduce evidence with regard to the circumstances of the death which is the subject of the inquiry.
(2) The wife or husband, or the nearest known relative, and, in a case where the inquiry is being held in respect of such a death as is referred to in section 1(1)(a )(i) of this Act, the employer, if any, of the person whose death is the subject of the inquiry, an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 and any other person who the sheriff is satisfied has an interest in the inquiry may appear and adduce evidence at the inquiry.
(3) Subject to subsection (4) below, the inquiry shall be open to the public.
(4) Where a person under the age of 17 is in any way involved in the inquiry, the sheriff may, at his own instance or on an application made to him by any party to the inquiry, make an order providing that—
(a ) no report of the inquiry which is made in a newspaper or other publication or a sound or television broadcast shall reveal the name, address or school, or include any particulars calculated to lead to the identification of that person;
(b ) no picture relating to the inquiry which is or includes a picture of that person shall be published in any newspaper or other publication or televised broadcast.
(5) Any person who contravenes an order made under subsection (4) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 250 in respect of each offence.
(6) The sheriff may, either at his own instance or at the request of the procurator fiscal or of any party who may be entitled by virtue of this Act to appear at the inquiry, summon any person having special knowledge and being willing to do so, to act as an assessor at the inquiry.
(7) Subject to the provisions of this Act and any rules made under section 7 of this Act, the rules of evidence, the procedure and the powers of the sheriff to deal with contempt of court and to enforce the attendance of witnesses at the inquiry shall be as nearly as possible those applicable in an ordinary civil cause brought before the sheriff...
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