Sudden and unexplained deaths
Procurators Fiscal are qualified lawyers who are employed by COPFS and who act on the instructions of the Lord Advocate. The Lord Advocate has responsibility in Scotland to investigate any death which requires further explanation. In other parts of the United Kingdom, the Coroner may investigate such deaths.
Within COPFS, the Scottish Fatalities Investigation Unit (SFIU) is a specialist unit responsible for investigating all sudden, suspicious, accidental and unexplained deaths. There is a designated SFIU team based across each area of the country, in the North (SFIU North), East (SFIU East) and West (SFIU West).
When a person dies in Scotland, they cannot be buried or cremated until a medical certificate giving the cause of death has been issued. This certificate must be completed by a doctor, and must show the time, place and cause of death. Most sudden and unexplained deaths are reported to the Procurator Fiscal because a doctor is unable to confirm the cause of the death and is therefore unable to issue a death certificate.
Once a death has been reported to the Procurator Fiscal, the Procurator Fiscal has legal responsibility for the deceased's body, usually until a death certificate is written by a doctor and given to the nearest relative.
Fatal accident inquiries
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Q. Why have I been contacted by the procurator fiscal about the death of my relative?
A. Most sudden and unexplained deaths are reported to the fiscal because a doctor is unsure of the exact cause of death and so cannot issue a death certificate. This includes any death that the doctor considers unexpected or clinically unexplained after taking account of previous or recent medical history. Early enquiries by specialist staff at the COPFS Scottish Fatalities Investigation Unit (SFIU) usually establish that death was due to natural causes. Fiscals also investigate suspicious deaths. In these less common cases staff will first tell the police to investigate the suspicious circumstances and then decide if there should be a criminal prosecution. The COPFS Victim Information and Advice service may be able to give help and support to bereaved relatives.
Q. What is a fatal accident inquiry?
A. A fatal accident inquiry, or FAI, is a type of court hearing. A FAI must take place when someone dies in custody in prison or a police station or a death is caused by an accident at work. FAIs can be held in other circumstances if it is thought to be in the public interest. The aim is to prevent future deaths or injuries.
Q. Why have I been asked to go to the mortuary to see my relative’s body?
A. Relatives are sometimes asked to identify the deceased before a post-mortem examination is carried out. This can be upsetting but it is a necessary part of the investigation of the death. Everything is done to help relatives through this process. The COPFS Victim Information and Advice service may be able to give help and support.
Q. Why is a post-mortem being held?
A. Post-mortem examinations are not necessary if a doctor can certify the cause of a death. But sometimes they must be carried out to help establish the cause of a sudden, unexplained or suspicious death. Post-mortem examinations are more likely in certain circumstances, such as the sudden or unexplained death of a child. The permission of the nearest relatives is not needed to carry out an examination. So far as possible, cultural and religious traditions and sensitivities are respected. The COPFS Victim Information and Advice service may be able to give help and support.
Q. Is that the same as a hospital post-mortem?
A. No, hospital post-mortem examinations are carried out for medical purposes, for example, to help with medical training or for research. Unlike post-mortem examinations ordered by the procurator fiscal, the permission of the nearest relatives is needed for hospital post-mortem examinations.
Q. I have been told that small tissue and blood samples will have to be taken from my relative’s body – why is this necessary?
A. Sometimes blood and tissue samples are taken for more detailed examination during an investigation. This scientific analysis can take several weeks. Samples are disposed of sensitively.
Q. I have been told that an organ has been removed from my relative’s body – why is this necessary?
A. In a very small number of cases, it is necessary to remove an organ so that more detailed examination can take place. This examination may take several weeks. The procurator fiscal will contact you to explain the options open to you. If an organ has been retained, you will be asked to decide how you want the organ to be treated when the tests are completed.
Q. My relative wanted her organs donated – will this be possible?
A. Every effort will be made to respect her wishes, though it may not be possible if she died in suspicious circumstances.
Q. When can I get the death certificate?
A. If a post-mortem examination is held, the death certificate will be issued by the pathologist. The funeral can take place after the death certificate is issued. A copy of the post-mortem examination report, which usually gives the cause of death, can also be requested.
Q. Can I check a cause of death?
A. The cause of death is given on the medical certificate, which is completed by a doctor and taken to the Registrar of Births, Deaths and Marriages. Sometimes, the medical certificate will be completed only after any investigations or proceedings have taken place.
Q. Will a coroner investigate the sudden and unexplained death of my relative?
A. The coroner system operates in England and Wales rather than Scotland. The only circumstances in which a coroner may become involved is where the deceased was ordinarily resident in England and his/her body is sent back to England for burial or cremation. In these circumstance the receiving coroner will have jurisdiction due to the presence of a body within their geographical area, and will be required to investigate the death. Where the death has resulted from an accident in Scotland which is being investigated by the Procurator Fiscal, the coroner will ask the Fiscal for information, and in the majority of cases await the outcome of the Fiscals investigations.