Inquiries into deaths occurring in Scotland

2Mandatory inquiries

1

An inquiry is to be held into the death of a person which—

a

occurred in Scotland, and

b

is within subsection (3) or (4).

2

Subsection (1) is subject to section 3.

3

The death of a person is within this subsection if the death was the result of an accident which occurred—

a

in Scotland, and

b

while the person was acting in the course of the person’s employment or occupation.

4

The death of a person is within this subsection if, at the time of death, the person was—

a

in legal custody, or

b

a child required to be kept or detained in secure accommodation.

5

For the purposes of subsection (4)(a), a person is in legal custody if the person is—

a

required to be imprisoned or detained in a penal institution,

b

in police custody, within the meaning of section 64 of the Criminal Justice (Scotland) Act 2016,

c

otherwise held in custody on court premises,

d

required to be detained in service custody premises.

6

For the purposes of subsections (4)(b) and (5)(a) and (d), it does not matter whether the death occurred in secure accommodation, a penal institution or, as the case may be, service custody premises.

7

In this section—

  • “penal institution” means any—

    1. a

      prison (including a legalised police cell within the meaning of section 14(1) of the Prisons (Scotland) Act 1989), other than a naval, military or air force prison,

    2. b

      remand centre, within the meaning of section 19(1)(a) of that Act,

    3. c

      young offenders institution, within the meaning of section 19(1)(b) of that Act,

  • “secure accommodation” means accommodation provided in a residential establishment, approved in accordance with regulations made under section 78(2) of the Public Services Reform (Scotland) Act 2010, for the purpose of restricting the liberty of children,

  • “service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.