Scottish Government
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Thematic report on liaison in death cases

The Inspectorate of Prosecution today published a thematic report on liaison in death cases, with particular reference to organ retention.

Her Majesty's Chief Inspector of Prosecution Joe O'Donnell said:

"The role of the Procurator Fiscal in the investigation of deaths is an important one and not as widely understood by the public compared to the role of prosecution of crime.

"This report looks at liaison between Crown Office and Procurator Fiscal Service and nearest relatives in death cases and, following public concern, pays particular attention to organ retention.

"The report draws on extensive information supplied by service providers, both staff and external agencies and also on the experience of bereaved family members and others.

"Overall, it was found that deaths were investigated properly and in a sensitive fashion.

"In Fiscal cases, organ retention was rare and systems were in place to ensure nearest relatives were aware of any retention.

"Among the issues identified were:

  • The current training on deaths should be rolled out as soon as possible
  • Some pathologists and other medical personnel were keen to have more feedback on their work
  • Some bereaved relatives required more support and information than others

"Nine recommendations are made to the Lord Advocate and good practice points identified. The recommendations include one suggesting that as a general principle, reduced pleas to a charge of causing death by dangerous driving should only be accepted where there has been a significant change in circumstances and not without the relatives being advised of this change."

Lord Advocate Elish Angiolini QC said:

"Although the Inspector's latest report does not cover all Crown Office and Procurator Fiscal Service work on death investigations, I am pleased that he has concluded that deaths are investigated properly and in a sensitive fashion.

"COPFS has done a great deal of work on this area in recent years. We have now completed an extensive review on the approach to the investigation of sudden and unexplained deaths.

"Following the review, we introduced a revised deaths training course and detailed guidance for staff on all aspects of deaths investigation, including liaison with bereaved relatives. This Inspectorate report and our own internal reviews will help to ensure that we deliver a professional and thorough service in this very complex and sensitive area of our work."

Related Information

http://www.scotland.gov.uk/Publications/2007/07/16093109/0

http://www.scotland.gov.uk/Topics/Justice/ipis

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