Fatal accident inquiry meaning

A fatal accident inquiry (FAI) is a public, court-based investigation in Scotland, conducted by a sheriff, to establish the circumstances of a death and to make recommendations to prevent future deaths. It is an inquisitorial process that determines facts; it does not decide civil or criminal liability. FAIs are governed by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. The Lord Advocate decides whether to hold an inquiry and the Procurator Fiscal investigates and presents the case. An FAI is mandatory for deaths in legal custody and for work-related fatalities arising from accidents in Scotland. It is discretionary for other deaths where it is in the public interest, including certain deaths abroad with a Scottish connection. The sheriff’s determination typically covers when and where the death occurred, the cause, any reasonable precautions that might have prevented it, defects in systems of working, and other relevant facts. The sheriff may issue non-binding recommendations to organisations or regulators; statutory provision exists for written responses. Outside Scotland, the broadly equivalent process is a coroner’s inquest in England and Wales, Northern Ireland, and Ireland; the term “fatal accident inquiry” is not used in those jurisdictions.