³ÉÈË¿ìÊÖ

COPFS does not hold this information. However, any decision to hold a Fatal Accident Inquiry is ordinarily not taken until other proceedings, including criminal proceedings, have been completed or ruled out.

COPFS would not expect to be made aware of any disciplinary action which results from a Fatal Accident Inquiry.

Responsibility for the delivery of the transmission network infrastructure including compliance with safety standards, sits with the transmission owner working within a regulatory framework overseen by Ofgem and other relevant regulators such as the Health and Safety Executive.

COPFS regularly invites and receives feedback from nearest relatives of their experience of the death investigation and Fatal Accident Inquiry processes. That feedback is carefully considered to identify any improvements that can be made. As an example, feedback obtained by COPFS VIA Officers on the questions commonly asked by relatives was used to assist in the preparation of a Guide to Fatal Accident Inquiries on the COPFS website, providing detailed information for bereaved families about the FAI process.

COPFS has established a Death Investigations Improvement Board to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to reduce the journey time for concluding death investigations, including FAIs. One of the significant workstreams of that Board is the proposed creation of a Lived Experience Advisory Panel, which will enable participants with experience of the death investigation process to help inform improvements to the process by providing independent advice to the Board on a range of issues.

As at 3 April 2025, there are 246 mandatory Fatal Accident Inquiries where no First Notice has been lodged with the Sheriff Clerk. The oldest of those cases was reported to COPFS on 19 August 2018.

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2024-25, 74% featured public bodies as interested parties. The public bodies were as follows: Scottish Prison Service (53% of all FAIs), NHS boards (50%), Prison Officers’ Association of Scotland (17%), Police Service of Scotland (6%), Scottish Ambulance Service (4%), Health and Safety Executive, Scottish Fire & Rescue Service, The British Army and the Office of the Advocate General for Scotland (all 2%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2023-24, 80% featured public bodies as interested parties. The public bodies were as follows: NHS boards (51% of all FAIs), Scottish Prison Service (46%), Prison Officers’ Association of Scotland (20%), Police Service of Scotland (9%), Scottish Ambulance Service, Health and Safety Executive and Home Office (all 3%).

In relation to concluded Fatal Accident Inquiries where the Determination was published in 2022-23, 62% featured public bodies as interested parties. The public bodies were as follows: NHS boards (50% of all FAIs), Scottish Prison Service (45%), Prison Officers’ Association of Scotland (24%), Police Service of Scotland, Health and Safety Executive, Scottish Fire & Rescue Service, Glasgow City Council, Maritime & Coastguard Agency, Orkney Islands Council and the Attorney General of the Republic of Cyprus (all 2%).

At the end of the reporting year 2024-25, there were 246 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk. Of those 246 cases, 92 were less than one year old (from the date the death was reported to COPFS), 75 were more than one year old and 79 were more than two years old.

At the end of the reporting year 2023-24, there were 250 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

At the end of the reporting year 2022-23, there were 218 mandatory Fatal Accident Inquiries where a First Notice had not been lodged with the Sheriff Clerk.

For the reporting years 2022-23 and 2023-24, we hold no data on the age profiles of those cases.

COPFS holds records of all concluded Fatal Accident Inquiries dating back to 1 April 2013.

For that period, the longest duration from the date of death to the conclusion of the Fatal Accident Inquiry was in relation to the FAI into the death of Boguslaw Kopec. The date of Mr Kopec’s death was 13 March 2011. A First Notice commencing the FAI process was issued on 24 August 2020 and the Inquiry commenced on 9 November 2020. Evidence was concluded on 3 December 2020 and the Sheriff’s Determination was published on 11 March 2021.

The investigation into Mr Kopec’s death was hampered by difficulties tracing and obtaining the evidence of essential witnesses. In addition, Inquiry proceedings could only be commenced after criminal proceedings had been ruled out. Nevertheless, the Crown at that time acknowledged that the time taken to conduct its death investigation in this case had been far too long and apologised for the fact that its investigation and the Inquiry proceedings were not concluded sooner.

COPFS has significantly reformed its processes in recent years to improve the quality of death investigations and reduce the time taken to investigate deaths and bring FAIs to court. However, in some cases FAIs have taken too long to commence and we understand the impact that waiting for investigations to conclude has on families.

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at /chamber-and-committees/written-questions-and-answers

COPFS staff take into account the terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 when identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

In addition, detailed guidance is available for COPFS staff to assist them in identifying such cases. That guidance applies in relation to all deaths in Scotland that have been reported to COPFS.

To further ensure consistency in decision-making, decisions on Fatal Accident Inquiries are taken by a pool of experienced Crown Counsel.

No.