"to prosecute the case in the Sheriff Court, or for an Advocate Depute to prosecute in the High Court of Justiciary. A fatal accident inquiry is mandated by the 2016 Act if the death occurred while the deceased was in lawful custody or whilst they were at work. Other inquiries may be held where the procurator fiscal decides it is ""expedient in the public interest"". The Lord Advocate has the discretion not to hold an inquiry (including a mandatory inquiry) where the circumstances of the death have been adequately established in criminal proceedings. A fatal accident inquiry will take place"
"Fatal accident inquiry A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to service personnel at the discretion of the Chief Coroner or the Secretary of State. The equivalent process in England and Wales is an inquest. A major review of the fatal accident inquiries was undertaken by Lord Cullen of Whitekirk, at the request of the"
"conducted without a jury. Fatal accident inquiries are conducted in a sheriff court. An inquiry must be held for all deaths in custody and fatal accidents, with other accidental deaths subject to inquiry at the discretion of the procurator fiscal. For the most serious crimes, the case will not be directly prosecuted by the procurator fiscal. Instead, the case will be heard at the High Court of Justiciary and the prosecution will be made in the name of the Lord Advocate by an Advocate Depute. There are eleven procurators fiscal in Scotland, each covering a geographical area or jurisdiction with"
"all sudden, suspicious and unexplained deaths in Scotland. This includes the decision to call a Fatal Accident Inquiry. He or she is also responsible for the independent investigation of criminal police complaints made in that sherrifdom (administrative complaints are handled by the Police Investigations and Review Commissioner (PIRC)). The law in Scotland does not say that a crime must be prosecuted and the procurators fiscals have considerable discretion over what action to take. They can choose the level at which to prosecute (either through solemn or summary procedure) with the accused having no right to choose a jury trial or"
"South Australia, Victoria and Western Australia – also have state coroners and specialised coronial courts. In Tasmania, the Chief Magistrate also acts as the state coroner. In Canada the officer responsible for investigating all unnatural and natural unexpected, unexplained, or unattended deaths goes under the title ""coroner"" or ""medical examiner"" depending on location. While the title differs, however, they act in similar capacities. They do not determine civil or criminal responsibility, but instead make and offer recommendations to improve public safety and prevention of death in similar circumstances. Coroner or Medical Examiner services are under the jurisdiction of provincial or"
"the Ministry of Justice appoints ""Inquirers into Sudden Deaths"" under the ""Code of Criminal Procedure"" to carryout an inquest into the death of a sudden, unexpected and suspicious nature. Some large cities such as Colombo and Kandy have a City Coroners' Court attached to the main city hospital, with a Coroner and Additional Coroner. In the United Kingdom a coroner is an independent judicial office holder, appointed and paid for by the relevant local authority. The Ministry of Justice, which is headed by the Lord Chancellor and Secretary of State for Justice has the responsibility for the coronial law and"
"to be held on a mandatory basis for some deaths and on a discretionary basis for others. Previously, a fatal accident inquiry only dealt with deaths that occurred in Scotland, whereas in England and Wales a Coroner will deal with the investigation of a death where the body lies within their district irrespective of where the death actually occurred. This led to some distress being caused to the families of service personnel who had been killed abroad but whose bodies have been returned through or to England at the insistence of the Ministry of Defence and in consequence their funerals"
"left her post on 31 October 2018 and was replaced, with effect from 1 November 2018, by Max Hill QC. Under Scots law the public prosecutor is the Lord Advocate who heads up the Crown Office and Procurator Fiscal Service. All investigations by the police are nominally under the direction of the Lord Advocate and local Procurators Fiscal, and all prosecutions are carried out in the name of the Lord Advocate. The current Lord Advocate is James Wolffe QC. In Northern Ireland a similar situation existed, and the Director of Public Prosecutions for Northern Ireland now heads the Public Prosecution"
"Inquests in England and Wales Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as ""treasure trove"". In England and Wales, inquests are the responsibility of a coroner, who operates under the jurisdiction of the Coroners and Justice Act 2009. There is a general duty upon every person to report a death to the coroner if an inquest is likely to be required. However, this duty is largely unenforceable in practice and the duty falls on the responsible registrar. The registrar must"
"Officers (previously often ex-police officers, but increasingly from a nursing or other paramedical background) who carry out the investigation on the coroner's behalf. A coroner's investigation may involve a simple review of the circumstances, ordering a post-mortem examination, or they may decide that an inquest is appropriate. When a person dies in the custody of the legal authorities (in police cells, or in prison), an inquest must be held. In England, inquests are usually heard without a jury (unless the coroner wants one). However, a case in which a person has died under the control of central authority must have"
"lawyers. Their primary function is to investigate any sudden, unexplained, violent or unnatural death in order to allow a death certificate to be issued. Any death due to unnatural causes will require an inquest to be held. Two coronial services operate in New Zealand. The older one deals only with deaths before midnight of 30 June 2007 that remain under investigation. The new system operates under the Coroners Act 2006, which: n Poland, a coroner is a forensic doctor (colloquially called a forensic medicine), whose job is to legally identify patients who died. As a separate profession, it has existed"
"then these options have expanded to giving a warning, fiscal fines, compensation orders, work orders, road traffic fixed penalties or diversion from prosecution into social work, psychological counselling or psychiatric treatment. All suspicious, sudden and accidental deaths must be reported to the procurator fiscal, and they have a responsibility to identify if any criminal action has occurred and, where appropriate, prosecute. Where a criminal offence is suspected to have occurred the procurator fiscal will instruct the local police to investigate. Fatal accidents can be subject to a fatal accident inquiry, a form of judicial inquiry akin to an inquest but"
"have been delayed. The inquiries process was reviewed by Lord Cullen of Whitekirk for the Scottish Government in 2008, following which the Scottish Government consulted on proposals in 2014. The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 was passed by the Scottish Parliament on 10 December 2015, and replaced the 1976 act when it came into force in June 2017. A person cannot be buried or cremated in Scotland unless a medical practitioner has issued a death certificate (and the associated certificate of registration of death, known as a form 14, has been issued), and doctors"
"of Scotland’s ""Access to Justice Committee"". Patrick McGuire (solicitor) Patrick McGuire is a Scottish solicitor and solicitor advocate. He is a partner with personal injury law firm Thompsons Solicitors. He is known for his campaigning on issues relating to the rights of victims of accident and disease, including calling for and serving as the Recognised Legal Representative in three of the four Public inquiries held in Scotland since the Inquiries Act 2005 came into force: the ICL / Stockline Public Inquiry; the Vale of Leven Hospital Public Inquiry (C-difficile); and the Penrose Inquiry (infected blood products causing Hepatitis C and"
"to transfer the inquiry subject to another sherrifdom, subject the approval of the relevant sheriffs principal. Section 6 of the 1976 Act the Sheriff is required to produce a determination. In drafting a determination the Sheriff is required to consider five distinct areas: The 2016 Act introduces several changes to the previous system governed by the 1976 Act, including: Examples include: Fatal accident inquiry A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the"
"is treasure trove. The post of QLTR was created in 1837 by the amalgamation of two existing posts created in 1707 – the King's/Queen's Remembrancer and the Lord Treasurer's Remembrancer, and has been held since 1981 by the holder of the office of Crown Agent. At the High Court of Justiciary prosecutions are brought by the Crown Office, who are represented in Court by Advocates Depute. Advocates Depute are either advocates or solicitor-advocates to whom rights of audience in the High Court have been given by that Court. For the majority of crimes in Scotland a procurator fiscal or fiscal"
"may appoint a public servant to be a Chief Clerk or Coroner’s Associate. Every police officer in Tasmania is a coroner’s officer. In the financial year 2005-2006, the division of court had 636 deaths reported and held 14 inquests. Coroners Court of Tasmania The Coroners Court of Tasmania is the generic name given to the Coronial Division of the Magistrates Court of Tasmania. It is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person, a fire or an explosion in Tasmania."
"Police Investigations and Review Commissioner The Police Investigations and Review Commissioner (PIRC) is the executive non-departmental public body of the Scottish Government responsible for investigating complaints by members of the public against Police Scotland; and the Scottish operations of the National Crime Agency, British Transport Police, Civil Nuclear Constabulary, Ministry of Defence Police, and HM Revenue and Customs. On 1 April 2013, the Police and Fire Reform (Scotland) Act 2012 brought together Scotland's eight territorial police services, the Scottish Crime and Drug Enforcement Agency and the Scottish Police Services Authority into the new national police service, Police Scotland. At the"
"demitting office or at a later date. Many Lord Advocates in fact nominated themselves for appointment as Lord President of the Court of Session or as Lord Justice Clerk. The Crown Office and Procurator Fiscal Service is headed by the Lord Advocate and the Solicitor General for Scotland, and is the public prosecution service in Scotland. It also carries out functions which are broadly equivalent to the coroner in common law jurisdictions. Incorporated within the Crown Office is the Legal Secretariat to the Lord Advocate. The Crown Agent is the principal legal advisor to the Lord Advocate on prosecution matters."
"This jurisdiction is no longer exercised by local coroners, but by specialist ""Coroners for Treasure"" appointed by the Chief Coroner. To become a coroner in England and Wales the applicant must be a qualified lawyer (solicitor/barrister), or a Fellow of the Chartered Institute of Legal Executives (CILEx), with at least 5 years' qualified experience. This reflects the role of a coroner: to determine the cause of death of a deceased in cases where the death was sudden, unexpected, occurred abroad, was suspicious in any way, or happened while the person was under the control of central authority (e.g., in police"
"Lord Advocate, and, in theory, they can direct investigations by the police. In very serious cases, a Procurator Fiscal, Advocate Depute or even the Lord Advocate, may take charge of a police investigation. It is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a prosecution to court, and to decide on whether or not to prosecute it under solemn procedure or summary procedure. Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work. All prosecutions are handled within the Crown Office and"
"Coroner A coroner may conduct or order an inquest into the manner or cause of death, and investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction. In medieval times, English coroners were Crown officials who held financial powers and conducted some judicial investigations in order to counterbalance the power of sheriffs. The word ""coroner"" derives from the same source as the word ""crown"", and it is believed to denote an officer of The Crown. Responsibilities of the coroner may include overseeing the investigation and certification of deaths related to mass disasters"
"shape, colour and imagery. The procurator fiscal is appointed under the Lyon King of Arms Act 1867, formerly by the Lord Lyon, but since changes were made by the Convention Rights (Compliance) (Scotland) Act 2001, by the Scottish Ministers. If any of the rules concerning a coat of arms – also known as ""an achievement"" – are broken, it is the procurator fiscal's job, as the independent official prosecutor of the court, to determine whether they should initiate criminal proceedings. Procurator fiscal A procurator fiscal (pl. ""procurators fiscal""), sometimes called PF or fiscal, is a public prosecutor in Scotland (who,"
"Inquest An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or unexplained. An inquest may be called at the behest of a coroner, judge, prosecutor, or, in some jurisdictions, upon a formal request from the public. A coroner's jury may be convened to assist in this type of proceeding. ""Inquest"" can also mean such"
"Royal College of Pathologists is not a prerequisite of appointment as a coroner's ""medical expert"". Doctors in the UK who are not forensic pathologists or pathologists are allowed to perform medicolegal autopsies, as the wording of the Coroners and Justice Act 2009, which merely stipulates a ""registered medical practitioner"": anyone on the General Medical Council register. Deaths where there is a known cause and those considered unnatural are investigated. In most jurisdictions this is done by a """"forensic pathologist"","" ""coroner"", ""medical examiner"", or hybrid ""medical examiner-coroner"" offices. In some jurisdictions, the title of ""Medical Examiner"" is used by a non-physician,"
"(public prosecutor), who attends the scene and may direct the police in the conduct of their inquiries. The Procurator Fiscal holds a commission from the Lord Advocate, who is Scotland's chief law officer (and prior to devolution in 1999 was simultaneously a UK government minister). Responsibility for the Lockerbie investigation thus rested with Jimmy McDougall, the Procurator Fiscal in the nearby burgh of Dumfries, and with the Dumfries and Galloway Constabulary, by number of officers the smallest police force in the UK. According to a paper presented by the then Lord Advocate Colin Boyd, to a conference of law officers"
"early enquiries rule out suspicious circumstances and establish that the death was due to natural causes. Deaths are usually brought to the attention of the Procurator Fiscal through reports from the police, the Registrar, GPs or hospital doctors. However, anyone who has concerns about the circumstances of a death can report it to the Procurator Fiscal. There are certain categories of deaths that must be enquired into, but the Procurator Fiscal may enquire into any death brought to his notice. In the United States, inquests are generally conducted by coroners, who are generally officials of a county or city. These"
"Crown Office and Procurator Fiscal Service The Crown Office and Procurator Fiscal Service (, ) is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Her Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers."
"evidence, and may well be asked, if he or she thinks it proper, to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as South Africa's, tend to guarantee the independence and impartiality of the DPP. In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel. They are generally appointed by the provincial Attorney-General. Though Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the"
"Patrick McGuire (solicitor) Patrick McGuire is a Scottish solicitor and solicitor advocate. He is a partner with personal injury law firm Thompsons Solicitors. He is known for his campaigning on issues relating to the rights of victims of accident and disease, including calling for and serving as the Recognised Legal Representative in three of the four Public inquiries held in Scotland since the Inquiries Act 2005 came into force: the ICL / Stockline Public Inquiry; the Vale of Leven Hospital Public Inquiry (C-difficile); and the Penrose Inquiry (infected blood products causing Hepatitis C and HIV). Other victim-related campaigns include PiP"
"offences in Scotland (as the more recent Crown Prosecution Service does in England and Wales) and has extensive responsibilities in the investigation and prosecution of crime. The Crown Office is headed by the Lord Advocate, in whose name all prosecutions are carried out, and employs Advocates Depute (for the High Court of Justiciary) and Procurators Fiscal (for the Sheriff Courts) as public prosecutors. Private prosecutions are very rare in Scotland and these require ""Criminal Letters"" from the High Court of the Justiciary. Criminal Letters are unlikely to be granted without the agreement of the Lord Advocate. The Scots legal system"
"elected official involved in medicolegal death investigation. In others, the law requires the medical examiner to be a physician, pathologist, or forensic pathologist. Similarly, the title ""coroner"" is applied to both physicians and non-physicians. Historically, coroners were not all physicians (most often serving primarily as the town mortician). However, in some jurisdictions the title of ""Coroner"" is exclusively used by physicians. In Canada, there is a mix of coroner and medical examiner systems, depending on the province or territory. In Ontario, coroners are licensed physicians, usually but not exclusively family physicians. In Quebec, there is a mix of medical and"
"referred to as ""Lords of Council and Session"" when sitting in civil cases, and ""Lords Commissioners of Justiciary"" when sitting in criminal cases. The sheriff courts are presided over by the Sheriffs Principal, Sheriffs, and Summary Sheriffs. They will preside over both civil and criminal cases. The most junior judges are the justices of the peace who preside over minor criminal matters in the Justice of the Peace Courts. The Scottish legal profession has two main branches, advocates and solicitors. Advocates, the equivalent of the English barristers, belong to the Faculty of Advocates which distinguishes between junior counsel and senior"