Act of Sederunt (Fatal Accident Inquiry Rules) 2017

First notice

3.1.—(1) First notice is to be given in Form 3.1.

(2) First notice must set out—

(a) the information required by section 15(2)(a) (that is, a brief account of the circumstances of the death, so far as known to the procurator fiscal);

(b) the identity of the deceased;

(c) any issues identified by the procurator fiscal which it is anticipated the inquiry should address;

(d) whether the procurator fiscal considers that a preliminary hearing is unnecessary and, if so, the reasons for that view;

(e) whether the inquiry is mandatory or discretionary and—

(i) if mandatory, the category of mandatory inquiry;

(ii) if discretionary, whether the Lord Advocate considers that the death fell within section 4(1)(a)(i) or (ii);

(f) in the case of a discretionary inquiry under section 6 (inquiries into deaths occurring abroad: general), which condition in section 6(3)(a) is met;

(g) in the case of a discretionary inquiry under section 7 (inquiries into deaths occurring abroad: service personnel) that the conditions in section 7(1)(c) are met; and

(h) the identity of any person who the procurator fiscal considers might have an interest in the inquiry.