Inquiries into deaths occurring abroad

6Inquiries into deaths occurring abroad: general

1

Subsection (3) applies to the death of a person if—

a

the death occurred outwith the United Kingdom, and

b

at the time of death, the person was ordinarily resident in Scotland.

2

But that subsection does not apply to the death of a person within section 12(2) or (3) of the Coroners and Justice Act 2009 (investigation in Scotland of deaths of service personnel abroad).

3

An inquiry is to be held into a death to which this subsection applies if the Lord Advocate—

a

considers that the death—

i

was sudden, suspicious or unexplained, or

ii

occurred in circumstances giving rise to serious public concern,

b

considers that the circumstances of the death have not been sufficiently established in the course of an investigation in relation to the death,

c

considers that there is a real prospect that those circumstances would be sufficiently established in an inquiry, and

d

decides that it is in the public interest for an inquiry to be held into the circumstances of the death.