Section 18 – Revocation of notification
171.This section allows for the revocation of the notice or referral that is given to the review oversight committee under section 17. The notification or referral can be revoked by the person who gave it only where the person believes that the death is not a reviewable death (for example, because further information has come to light since the original notification was given, or because the original notice was given in error).
172.A notification or referral can only be revoked up until the point where a decision is made by the review oversight committee under section 19 as to whether the death is a reviewable one. If a decision on that point has already been made then, if the full outcome of the section 19 process is that a review is to be carried out, the means by which the process could be ended would be via the Lord Advocate’s power to order discontinuation of proceedings under section 23.
173.Similar to the original notice, the power of revocation is exercised by the person giving notice in writing to the review oversight committee. However, reasons must be given for the original notice being revoked (i.e. why the death is not thought to be reviewable). As with the original notice, it must be copied to the copy recipient of the original notice.
174.The effect of a revocation notice being received by the committee prior to a decision being made as to the reviewability of the death is that the original notice is to be treated as never having been given. That means that if the committee’s sift stage had begun, it must be brought to an end unless and to the extent that the sift is predicated on another notification or referral which was not revoked. For example, if both the Chief Constable and the PIRC made a notification but one of them then had cause to revoke it, the sift must continue to consider the notification which remains live. The notification will also not count for the purpose of the requirement in section 30 to report on the number of notifications received during the year, as the report is concerned with progress made on notifications which are not revoked.
