A fatal accident inquiry (FAI) is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland.
Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976[1] to service personnel at the discretion of the Chief Coroner or the Secretary of State.
This led to some distress being caused to the families of service personnel who had been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals have been delayed.
[13] A person cannot be buried or cremated in Scotland unless a medical practitioner has issued a death certificate (and the associated certificate of registration of death, known as a form 14, has been issued),[14] and doctors are mandated to report certain sudden, suspicious, accidental, or unexplained deaths to the procurator fiscal, and the report will be received by the Scottish Fatalities Investigation Unit, part of the Crown Office and Procurator Fiscal Service.
Where the death appears to be due to a criminal act, the procurator fiscal will initiate investigations by the police, or other appropriate public authorities, to enable the identification of suspects and associated evidence to enable them to prosecute the case in the Sheriff Court, or for an Advocate Depute to prosecute in the High Court of Justiciary.
A fatal accident inquiry is mandated by the 2016 Act if the death occurred while the deceased was in lawful custody or whilst they were at work.