Fatal Accident Inquiry Review

15 Jan 2026 10:52 AM

Scottish Government pledges to improve system following deaths in custody.

Action to reform the Fatal Accident Inquiry system relating to deaths in custody will be taken following an independent review.

The review was commissioned by Justice Secretary Angela Constance, in consultation with the Lord Advocate, to examine how to improve the efficiency and effectiveness of investigations into deaths in custody and ensure those affected are treated in a trauma-informed way.

Retired Sheriff Principal Ian Abercrombie KC, who chaired the review, has now published his report. It contains 34 recommendations aimed at improving the process, timescales and communication of Fatal Accident Inquiries held in response to a death in custody.

Many of the review's recommendations will require collaboration and legislative change, and the Scottish Government will set up a multi-agency working group to drive forward action, which will include the Scottish Prison Service, Police Scotland, the Crown Office and Procurator Fiscal Service, and other key partners.

Ms Constance said:

“I am very grateful to Sheriff Principal Abercrombie and the advisory group for this forthright review. Their report’s thorough and wide-ranging recommendations set out the evident need to improve the Fatal Accident Inquiry system.

“The message from families who gave evidence to the review is clear, they feel let down and their experience of the system has added to their grief.

“This needs to change and families who have lost loved ones in custody cannot wait for a lengthy process to conclude before they see improvement.

“Responsibility for acting on the recommendations sits with a range of justice partners, which is why I am setting up a multi-agency group to drive forward reforms.

“The group will consider the review’s recommendations and develop a shared action plan to improve the system of fatal accident inquiries for deaths in custody, with an emphasis on implementing reform as a priority.”

Background

Independent Review of Fatal Accident Inquiries relating to deaths in custody in Scotland

This review was a key action from the Government’s consideration of the FAI inquiry determinations into the tragic deaths of Katie Allan and William Lindsay and is in addition to the wider programme of reform and measures under way which are responding to the FAI’s recommendations.

Chair appointed to independent Fatal Accident Inquiry review

Fatal Accident Inquiries are judicial proceedings held to investigate and establish the circumstances of certain deaths, including deaths in custody, to determine factual details, and make public recommendations that aim to help prevent future fatalities.