Introduction
The 2016 Act
Commentary on Sections
Inquiries into certain deaths
Section 1 - Inquiries under this Act
Inquiries into deaths occurring in Scotland
Section 2 - Mandatory inquiries
Section 3 – Mandatory inquiries: exceptions
Section 4 – Discretionary inquiries
Section 5 – Certain deaths and accidents to be treated as occurring in Scotland
Inquiries into deaths occurring abroad
Section 6 – Inquiries into deaths occurring abroad: general
Section 7 – Inquiries into deaths occurring abroad: service personnel
Family liaison charter
Section 8 – Family liaison charter
Reasons where inquiry not held
Section 9 – Reasons for decision not to hold an inquiry
Procurator fiscal’s investigation
Section 10 – Citation of witnesses for precognition
Participants
Section 11 – Persons who may participate in the inquiry
Location
Section 12 – Places at which inquiries may be held
Section 13 – Jurisdiction in relation to inquiries
Inquiries into multiple deaths
Section 14 – Inquiry into more than one death
Pre-inquiry procedure
Section 15 – Initiating the inquiry
Section 16 – Preliminary hearings
Section 17 – Notice of the inquiry
Section 18 – Agreement of facts before an inquiry
The inquiry
Section 19 – The powers of the sheriff
Section 20 – Evidence and witnesses
Section 21 – Inquiry to be conducted in public
Section 22 – Publishing restrictions in relation to children
Section 23 – Offences by bodies corporate etc.
Section 24 – Assessors
Section 25 – Expenses
Findings and recommendations
Section 26 – The sheriff’s determination
Section 27 – Dissemination of the sheriff’s determination
Section 28 – Compliance with sheriff’s recommendations
Section 29 – Reports
Further inquiry proceedings
Section 30 – Circumstances in which there may be further proceedings
Section 31 – Precognition of witnesses
Section 32 – Initiating further proceedings
Section 33 – Re-opened inquiries
Section 34 – Fresh inquiries
Section 35 – Further proceedings: compliance with recommendations
Inquiry procedure rules
Section 36 – Power to regulate procedure etc.
Specialist sheriffs and summary sheriffs
Section 37 – Judicial specialisation in inquiries
Section 38 – Summary sheriff: competence to conduct inquiries
Section 39 – Repeal and modification of enactments
General
Section 40 – Interpretation
Schedule 1 – Procedure rules
Role of the Scottish Civil Justice Council
Schedule 2 – Modification of enactments
Parliamentary History
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