BTO Solicitors LLP

This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) into sudden, suspicious, accidental and unexplained deaths in Scotland under the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 (IFASD(S)A 2016). An FAI is a type of court hearing which publicly examines the circumstances of a death in Scotland. It is presided over by a sheriff and will normally be held in a sheriff court. The Practice Note explains the role of the Crown Office and Procurator Fiscal Service (COPFS) and Police Scotland in investigating work related deaths, the Scottish Fatalities Investigations Unit, what is meant by a ‘reportable death’, mandatory and discretionary fatal accident inquiries, the main features of an FAI, the scope and limitations of an FAI and practical considerations for practitioners representing clients at FAIs. In England and Wales, such investigations into unexplained deaths are conducted by coroners during inquests.

This Practice Note explains the regulation and enforcement of fire safety laws for non-domestic premises in Scotland. It considers the requirements of Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006, SSI 2006/456. It touches on fire safety in Scotland following the Grenfell Tower fire, including the Review of the Fire Safety Regime in Scotland for High Rise Domestic Property. It considers the scope of fire safety duties placed on Scottish employers and on persons who have control of relevant premises, the fire safety criminal offences which may be committed, the enforcing authorities for fire safety in Scotland as well as the enforcement powers available in response to fire safety offences and fire safety breaches in Scotland. It also explains the scope and purpose of prohibition notices, enforcement notices and alteration notices in the context of fire safety in Scotland.

This Practice Note highlights the practical steps which need to be considered by those advising on the immediate aftermath of a serious health and safety workplace accident in England, Wales and Scotland. It also includes consideration of the reporting requirements under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), SI 2013/471, explains which regulators will become involved in the investigation, identifies the responsibilities of duty holders following a workplace incident as well as explaining the scope of an internal investigation into the suspected health and safety breaches and the issues to consider when dealing with the investigating authorities.

This Practice Note provides guidance on the principles of legal professional privilege as they apply in criminal investigations and prosecutions in Scotland.