Crown Office

A Fatal Accident Inquiry (FAI) is a statutory public inquiry into the circumstances of a death. The Procurator Fiscal can apply to the Sheriff Court to hold a FAI once the investigation of the death is complete.

The Procurator Fiscal must hold a FAI when a death was caused during employment, or while in legal custody, i.e. while being held at a police station or prison.

In other circumstances, the Procurator Fiscal can hold a FAI where there are issues of public safety or matters of general public concern arising from a death and there is a need to highlight hazardous or dangerous circumstances or systems that have caused or contributed to it.

At the end of a FAI, a Sheriff makes a determination. The determination will set out:

where and when the death occurred;

• the cause of death;

• any precautions by which the death might have been avoided; and

• any defects in systems that caused or contributed to the death.

A FAI cannot make any findings of fault/blame against individuals.