The Role of the Procurator Fiscal in Investigating Deaths Death and Dying – South East Scotland SpR/STR Training Day 11/06/08 Anthony.J.Bonnar Procurator Fiscal Depute

Anthony.J.Bonnar Procurator Fiscal Depute Role of PF To inquire into all sudden, suspicious, accidental , unexpected or unexplained deaths. To ascertain the truth or otherwise of information given to him as to the death. To investigate the circumstances of death impartially, in the public interest and without fear or favour. Anthony.J.Bonnar Procurator Fiscal Depute

Anthony.J.Bonnar Procurator Fiscal Depute Role of the PF (cont) To ensure any faulty or dangerous practices are exposed so as to prevent their recurrence. To preserve sources of evidence from corruption To ensure homicide does not go undetected To make a true report to the officers of the Crown Anthony.J.Bonnar Procurator Fiscal Depute

Aims of initial enquiry and further investigation to minimise the risk of undetected homicide or other crime . to determine whether a death has resulted from the criminal actions of another and take appropriate action in relation to such deaths. At all times, the Procurator Fiscal must have regard to the possibility that criminal proceedings may have to be taken. to eradicate dangers to health and life in pursuance of the public interest. to allay public anxiety. Anthony.J.Bonnar Procurator Fiscal Depute

Aims of initial enquiry and further investigation to preserve evidence. Evidence obtained in the course of the Procurator Fiscal's enquiry may be relevant to the interests of others, for example a civil action for damages may result; to determine whether a Fatal Accident Inquiry (FAI) or any other form of Public Inquiry is to be held to ensure that the deceased's nearest relative is kept advised of the progress of the investigation to the extent that to do so is consistent with the proper conduct of the investigation and also to the extent that it is consistent with the wishes of the family; and to ensure that full and accurate statistics are compiled. Anthony.J.Bonnar Procurator Fiscal Depute

Particular issues in care of the elderly and terminal care Requirement for Investigation Standard of Care When to contact the PF 4. Establishment of the cause of Death 5. Consideration of wishes of Next of Kin 6. Public Interest Anthony.J.Bonnar Procurator Fiscal Depute

Anthony.J.Bonnar Procurator Fiscal Depute Particular Issues Time (and the lack of it). Requirements of the investigation. Criminal Proceedings – A Different Ball Game Organ Retention. Communication. Anthony.J.Bonnar Procurator Fiscal Depute