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Sudden Deaths and Fatal Accident Inquiries in Scotland

Autor Gillian Mawdsley
en Limba Engleză Paperback – 11 mai 2022
Sudden Deaths and Fatal Accident Inquiries in Scotland: Law, Policy and Practice considers the unique Scottish system of sudden deaths investigations leading to Fatal Accident Inquiries (FAIs). This book explains the role of the Lord Advocate and the Crown Office and Procurator Fiscal Service (COPFS) as core to the death investigation process. It examines the reporting of sudden deaths, COPFS's investigation process, and the holding of mandatory and discretionary FAIs, concluding with issuing of determinations and recommendations. The historical development of the FAI system charts their inception from the late nineteenth century to the FAIs held under the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) etc. Act 2016 (2016 Act). This new title: - Examines the FAI process from the sudden deaths to the holding of an FAI - Contrasts the FAIs with inquiries held under the Inquiries Act 2005 - Analyses how the 2016 Act works given current issues of delay and Covid-19 - Considers the judiciary's role relating to FAI determinations and recommendations made under the 2016 Act - Focuses on mandatory FAIs relating to deaths in custody - Compares the FAI process in Scotland with England and Wales and provides a brief international overview - Considers the State's requirements under Article 2 of the European Convention on Human Rights - Discusses availability of public information on FAIs and access to legal aid - Advises how the public may access FAI records This first comprehensive survey takes account of changes made by the 2016 Act, providing fresh insight into the investigations into sudden deaths and the holding of FAIs. It provides an essential basis to understand and assess the current working practices of the FAI system. This title is included in Bloomsbury Professional's Scottish Law Service.
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Specificații

ISBN-13: 9781526519030
ISBN-10: 1526519038
Pagini: 336
Dimensiuni: 156 x 234 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Locul publicării:London, United Kingdom

Caracteristici

- Most up to date text on the market covering the Inquiries into Fatal Accident and Sudden Deaths etc (Scotland) Act 2016.- Coverage of very important FAI cases including Clutha, Lockerbie and Dunblane. - Provides a contemporary and fresh approach that will appeal to the wide range of professionals working in this complex area of law.

Notă biografică

Gillian Mawdsley is a solicitor currently working for the Law Society of Scotland in a criminal law policy role. She is a lecturer in Law at the Open University, and tutor at the University of Edinburgh, the University of Glasgow and the University of Strathclyde.She worked within COPFS as a Procurator Fiscal Depute for nearly 20 years. During that time worked in the Deaths Unit, investigating a significant number of homicides and sudden deaths. Undertook a number of FAIs including a number specialising in complex medical deaths.She holds lay appointments with the Royal Colleges of Surgeons, the Royal College of Emergency Medicine, and the Joint College of the Royal College of Surgeons.

Cuprins

IntroductionPART 1 SUDDEN DEATHS AND FATAL ACCIDENT INQUIRIESChapter 1 Sudden DeathChapter 2 Background and History of FAIsChapter 3 Purpose of FAIsChapter 4 Legislation - 2016 ActChapter 5 Systematic Process of FAIChapter 6 Conduct of the InquiryChapter 6 Post InquiryPART 2 POLICY OF FAIs AND SPECIFIC FAIsChapter 7 Analysis of the role of FAIsChapter 8 International PerspectiveChapter 9 Deaths in CustodyChapter 10 Deaths during employment/workplaceChapter 11 Medical DeathsChapter 12 Important FAIs - Clutha/Lockerbie/DunblaneChapter 13 The FutureChapter 14 Conclusions