Fatal Accident Inquiry (FAI)

This is a public enquiry which must be conducted where death has occurred in legal custody or as a result of an accident at work. (If a person whilst at work died of natural causes, this may avoid a public enquiry being held.)
It is the role of the Procurator Fiscal to report certain cases to the Crown Office. The Lord Advocate will make the final decision as to whether to apply to the Sheriff for an inquiry to be held.
In all other cases the Procurator Fiscal carries out a confidential hearing into sudden deaths.
The Procurator Fiscal or a representative of the Fiscal's office may interview witnesses and relatives in private (a "pre-cognition") before reporting the case to the Crown Office.
The FAI is held before a Sheriff at a local Sheriff Court.
The Procurator Fiscal when arranging an FAI gives notice of the date and place to interested parties, and in particular to the next-of-kin.
The Procurator Fiscal and representatives of other interested parties (including family/relatives) can ask questions of witnesses but it is the Sheriff who determines the circumstances of the death.
It may be important to have a solicitor to represent the family/relatives if death was caused by a road traffic accident or by an accident at work, as this could lead to a claim for compensation.
In some circumstances, representatives of the dead person may be eligible for legal aid (contact the Citizen's Advice Bureau).
Further information about FAIs can be obtained from: http://www.procuratorfiscal.gov.uk