Fatal Accident Inquiries: How Scotland Investigates Sudden Deaths

Each major claim carries one of three labels. established means supported by primary records, official bodies or several independent reliable sources. shared means the core fact is sound but sources disagree on details, dates or interpretation. traditional means widely repeated but not traceable to a primary or independent source.

This card describes the general legal framework and is not legal advice. The description of how inquiries work follows the Crown Office and Procurator Fiscal Service's guide, and the commencement date comes from the statutory instrument that brought the 2016 Act into force. Figures on delays come from Crown Office data obtained under freedom of information by the Scottish Liberal Democrats; the Crown Office says most death investigations still conclude within weeks.

No coroners

established In Scotland, the procurator fiscal investigates all sudden, suspicious, accidental and unexplained deaths. The fiscal may order a post-mortem, consider criminal proceedings and, in some cases, recommend a Fatal Accident Inquiry.

Origins

established The first Fatal Accidents Inquiry (Scotland) Act was passed in 1895. It was replaced by the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, and then, after a review by Lord Cullen, by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, which came into force on 15 June 2017. Inquiries applied for before that date continue under the 1976 Act.

Mandatory and discretionary

established FAIs must be held for deaths resulting from an accident at work and for deaths in legal custody, such as in prisons or police custody, and since 2016 for children who die in secure accommodation, unless the circumstances have already been established in criminal proceedings. The Lord Advocate can also order an FAI into any sudden, suspicious or unexplained death, or one causing serious public concern.

The hearing

established An FAI is held before a sheriff, in a court, another public building or online, usually after a preliminary hearing. If there is a criminal prosecution, it normally comes first, and an FAI may not be needed if the trial covered all the issues. The procurator fiscal leads evidence. The deceased's partner or nearest relative, the employer, a health and safety inspector, a trade union representative and others the sheriff allows may take part, and may be represented. The Crown Office must ask families for their views before deciding whether to hold a discretionary inquiry. The sheriff issues a determination stating when, where and how the death occurred, any reasonable precautions that could have prevented it, and any defects in systems. The sheriff may make recommendations, and any organisation they are directed to must say what it will do or explain why it will not act. The determination is published on the Scottish Courts and Tribunals Service website and cannot be used as evidence in other court proceedings, including civil claims.

Notable FAIs

established FAIs have examined the Glasgow bin lorry crash of 2014, in which six people died, and the Clutha helicopter crash of 2013, in which ten people died, as well as many deaths in prisons and workplaces.

Delays

established FAIs have been criticised for long delays, sometimes several years between a death and the inquiry, causing distress to families. In December 2025, Crown Office figures obtained by the Scottish Liberal Democrats showed 318 inquiries outstanding, 194 of them into deaths in custody, and an average of more than 1,300 days for inquiries completed in 2024–25. The Crown Office acknowledged that some investigations take too long, but said deaths reported to it had risen sharply and that most investigations still conclude within weeks. An independent review chaired by Sheriff Abercrombie was due to report at the end of 2025.

shared Critics have proposed taking responsibility for FAIs away from the Crown Office and requiring inquiries to begin within a year; how far delays reflect resources, rising numbers of deaths or the complexity of cases is disputed.

• Scotland has no coroners.
• The first Scottish FAI Act was passed in 1895.
• FAIs are mandatory for deaths in custody.
• A sheriff presides over an FAI.
• FAIs do not decide who is to blame.
• An FAI can be held online.
• A determination cannot be used as evidence in a civil claim.
• Organisations must respond to a sheriff's recommendations.

• Do not describe FAIs as equivalent to criminal trials.
• Do not use this card as legal advice.