On 7th March 2008 Kenny MacAskill MSP, the Cabinet Secretary for Justice and Elish Angiolini, the Lord Advocate, announced that Lord Cullen was to lead a review of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, which sets out the law on fatal accidents in Scotland.
Remit
The Review began its work on 9th June 2008 and had the following remit:
"To review the operation of the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976, which governs the system of judicial investigation of sudden or unexplained deaths in Scotland, so as to ensure that Scotland has an effective and practical system of public inquiry into deaths which is fit for the 21st century."
Consultation
The consultation paper was launched on 20th November 2008, when Lord Cullen invited responses by 20th February 2009. The consultation responses were considered and a report on the consultation was published. A list of the respondents and their responses, where permission was granted, is available on the consultation page of the website.
The purpose of the consultation was in order to inform interested parties of the principal issues to be considered by the Review and to take their views on such issues. The consultation paper did not set out a closed agenda, welcoming suggestions as to other questions and options not mentioned in the paper.
The paper dealt with five groups of questions about: general matters; the decision that an FAI should be held; the holding of an FAI; evidence and procedure; and the determinations of sheriffs.
The Report
The Report was published on 3rd November 2009. Lord Cullen made various recommendations, his aim being to set out practical measures for a system for inquiry into fatalities that is effective, efficient and fair.