Coroners and Justice Act 2009

Death of service personnel abroad

12 Investigation in Scotland

(1) This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).

(2) A person is within this subsection if at the time of the death the person was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—

(a) active service,

(b) activities carried on in preparation for, or directly in support of, active service, or

(c) training carried out in order to improve or maintain the effectiveness of those engaged in active service.

(3) A person is within this subsection if at the time of the death the person was not subject to service law but—

(a) by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, and

(b) was accompanying persons subject to service law who were engaged in active service.

(4) If—

(a) the person’s body is within Scotland or is expected to be brought to the United Kingdom, and

(b) the Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14),

the Secretary of State may notify the Lord Advocate accordingly.

(5) If—

(a) the person’s body is within England and Wales, and

(b) the Chief Coroner thinks that it may be appropriate for the circumstances of the death to be investigated under that Act,

the Chief Coroner may notify the Lord Advocate accordingly.

13 Investigation in England and Wales despite body being brought to Scotland

(1) The Chief Coroner may direct a senior coroner to conduct an investigation into a person’s death if—

(a) the deceased is a person within subsection (2) or (3) of section 12,

(b) the Lord Advocate has been notified under subsection (4) or (5) of that section in relation to the death,

(c) the body of the deceased has been brought to Scotland,

(d) no inquiry into the circumstances of the death under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) has been held (or any such inquiry that has been started has not been concluded),

(e) the Lord Advocate notifies the Chief Coroner that, in the Lord Advocate’s view, it may be appropriate for an investigation under this Part into the death to be conducted, and

(f) the Chief Coroner has reason to suspect that—

(i) the deceased died a violent or unnatural death,

(ii) the cause of death is unknown, or

(iii) the deceased died while in custody or otherwise in state detention.

(2) The coroner to whom a direction is given under subsection (1) must conduct an investigation into the death as soon as practicable.

This is subject to section 3.