What determinations can a sheriff give after a fatal accident inquiry (FAI)?

In Scotland, a procurator fiscal can call for a fatal accident inquiry (FAI) to be carried out where the reason for a death is unclear or unexpected. Dental team members may be asked to provide evidence.

A procurator fiscal will present evidence to a sheriff, who will then provide a 'determination'.

The determination can include findings on:

  • when and where the death occurred
  • when and where any accident resulting in the death occurred
  • the cause or causes of the death
  • the cause or causes of any accident resulting in the death
  • any precautions that:
    • could reasonably have been taken, and
    • had they been taken, might realistically have resulted in the death, or any accident resulting in the death, being avoided
  • any defects in any system of working that contributed to the death or any accident resulting in the death
  • any other facts that are relevant to the circumstances of the death.

This page was correct at publication on 20/04/2022. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.