Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

15 Initiating the inquiry

(1) Where an inquiry is to be held into the death of a person, the procurator fiscal must give the sheriff notice that the inquiry is to be held.

(2) A notice under subsection (1) must include—

(a) a brief account of the circumstances of the death so far as known to the procurator fiscal, and

(b) any other information required by an act of sederunt under section 36(1).

(3) On receiving notice under subsection (1), the sheriff must make an order—

(a) fixing—

(i) a date and place for the holding of a preliminary hearing in accordance with section 16 (if one is to be held), and

(ii) a date for the start of the inquiry and the place at which it is to be held, and

(b) granting warrant for the procurator fiscal and the participants in the inquiry to cite persons to attend and give evidence at the inquiry.

(4) But the sheriff need not fix a date for the start of the inquiry (and the place at which it is to be held) in the order if—

(a) a preliminary hearing is to be held, and

(b) the sheriff considers that it is not appropriate to fix the date before that hearing.

(5) The sheriff may make an order varying a date or place fixed in an order under subsection (3).

(6) The sheriff must, when fixing a date for the start of the inquiry, have regard to the desirability of holding the inquiry as soon as is reasonably practicable.