I'm clear that in practice inquests into fatal flying accidents seem more likely to be held in England and Wales compared to FAI's in Scotland. I can see that there is a strong argument for this to be in practical terms the same on both sides of the border.
Based on historical evidence, FAIs have been held in Scotland for flying accidents involving civilians, such as North Sea Super Puma, but not military accidents. On the other hand, in England and Wales Inquest have been held for both civilian and militaty. The most recent Inquest, as far as I am aware, involved the death of Flt Lt Cunniningham and the Red Arrows ejection seat accident.
In a supplementary submission on 4th June 2015 by the Minister for Community Safety and Legal Affairs, Paul Wheelhouse, he said, "
Having reflected on the evidence at Stage 1 [Justice Committee Report], the Government believe that it is inconsistent to have discretionary FAIs into military deaths abroad (but only if the death is notified to the Lord Advocate) and coroners’ inquests into such deaths in England and Wales, but not when the death occurs in Scotland."
The MoD and the Crown Office of Scotland have been aware of this inconsistancy for decades, but chose to ingnore it.
DV