Act of Sederunt (Fatal Accident Inquiry Rules) 2017

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes provision about the procedure to be followed in inquiries under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Part 1 deals with various introductory and technical matters. It contains the interpretation provision for the Rules and a rule on computation of periods of time. It introduces the forms for use in connection with an inquiry, which are to be found in Schedule 3.

Part 2 of the Rules gives an overview of the structure of an inquiry and sets out the inquiry principles and how they are to operate. It provides for judicial continuity throughout an inquiry, where this is possible, and provides the sheriff with a broad inquiry management power.

Part 3 sets out the procedure to be followed before an inquiry starts, from the giving of the first notice by the procurator fiscal to the conclusion of the preliminary hearing.

Part 4 is concerned with the information presented at an inquiry. It gives the sheriff information management powers, provides for the citation of witnesses, and the lodging of productions and witness lists. It places participants under a duty to agree information and makes provision for the agreement of information between the participants. There are rules on witness statements and video recordings which will apply if the sheriff so orders. It also makes provision in regard to the evidence of expert witnesses.

Part 5 provides that the procedure at an inquiry is to be as ordered by the sheriff.

Part 6 is about the sheriff’s determination and responses to recommendations made by the sheriff.

Part 7 is about further inquiry proceedings.

Schedule 1 sets out how applications are to be made under the Rules.

Schedule 2 sets out how things are to be intimated under the Rules.

Schedule 3 contains the forms for use in connection with an inquiry.

Schedule 4 deals with various miscellaneous and general matters such as lodging, live links, reporting restrictions, the style of oath and affirmation, interventions and lay representation.

Schedule 5 makes provision about gathering information.

Schedule 6 makes provision which applies where a vulnerable witness gives testimony to an inquiry.