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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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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.

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