Originally Posted by
Arkroyal
you are mixing up a civil FAI and Military board of enquiry. Only the military require the criteria of ‘absolutely no doubt whatsoever.
The FAI is there to determine cause of death. That broad remit includes who’s at fault, surely?
As best I recall, the military case was bound by requirements in Queens Regulations Royal Air Force.
This Inquiry is conducted in accordance with the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Similar to its predecessor of 1976, this Act has very specific requirements for the outcome of the Inquiry as presented in the Sheriff's determination. At Section 26, sub-section (2), these are as follows.
The circumstances referred to in subsection (1)(a) are -
(a) when and where the death occurred,
(b) when and where any accident resulting in the death occurred,
(c) the cause or causes of the death,
(d) the cause or causes of any accident resulting in the death,
(e) any precautions which -
. (i) could reasonably have been taken, and
. (ii) had they been taken, might realistically have resulted in the death, or any accident resulting in the death, being avoided,
(f) any defects in any system of working which contributed to the death or any accident resulting in the death,
(g) any other facts which are relevant to the circumstances of the death.