Fatal Accident Inquiries and Inquest

[Distant Voice]

but the reference to "occupation" in the Act as passed only applies to a deceased who was either an employer or a self-employed person, and therefore unfortunately does not apply to service personnel.

Well that is a possible take on it and one that I had considered, however I believe that the intent was to cover all work related deaths of people in the course of their employment or occupation. Lord Cullen, in his 2009 review, recommends that "it should continue to be mandatory that an FAI should be held into the work-related deaths". Furthermore, the notes which accompany the new bill state the following;

"Section 2 sets out the circumstances in which an FAI is mandatory. Under subsection (3) an FAI is mandatory if the person died in Scotland as a result of an accident in Scotland, in the course of the person’s employment or occupation. This replicates the effect of section 1(1)(a)(i) of the 1976 Act."

The new bill confirms my believe in the intent behind the existing 1976 Act by stating that a mandatory FAI will be called "while the person was acting in the course of the person's employment or occupation"

The Crown Office are reluctant to use the phrase " work-related death"

DV