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(1)At an inquiry—
(a)the procurator fiscal must bring forward evidence relating to the circumstances of the death to which the inquiry relates,
(b)a participant in the inquiry may bring forward such evidence.
(2)Without limiting subsection (1), the sheriff may require the procurator fiscal or a participant in the inquiry to bring forward evidence about any matter relating to the circumstances of the death.
(3)The rules of evidence which apply in relation to civil proceedings in the sheriff court (other than a simple procedure case) apply in relation to an inquiry.
(4)Subsection (3) is subject to provision made in an act of sederunt under section 36(1).
(5)The examination of a person at an inquiry does not prevent criminal proceedings being taken against the person.
(6)A person is not required at an inquiry to answer a question tending to show that the person is guilty of an offence.
(7)In subsection (3), “simple procedure case” has the same meaning as in section 72(9) of the Courts Reform (Scotland) Act 2014.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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