Report says deaths investigated sensitively
18 Jul 07
Inspectorate of Prosecution publishes thematic report on fiscal role in death cases
The Inspectorate of Prosecution has 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 that over all, deaths had bene investigated "in a sensitive fashion", but that some pathologists and other medical personnel were keen to have more feedback about their work.
He added: "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 the 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. 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.
Mr O'Donnell continued: "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."
The Lord Advocate Elish Angiolini QC, said: "The Crown Office and Procurator Fiscal Service 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."
The report can be viewed at:
http://www.scotland.gov.uk/Publications/2007/07/16093109/0