Date lodged: 5 July 2018
To ask the Scottish Government what the (a) mean and (b) median number of months it takes for a fatal accident inquiry report to be published following a death in custody.
Answered by: James Wolffe QC 30 July 2018
As soon as possible after conclusion of the evidence and submissions in a fatal accident inquiry the sheriff must make a determination in terms of Section 26 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act). The time taken to issue a determination is a matter for the presiding sheriff and is outwith the control of the Crown Office and Procurator Fiscal Service (COPFS).
In terms of Section 27 of the 2016 Act the Scottish Courts and Tribunals Service (SCTS) must publish the determination in such manner as SCTS considers appropriate. COPFS do not record information about the date upon which SCTS publish determinations.