The longest outstanding wait for a fatal accident inquiry (FAI) in Scotland is more than eight years, according to information obtained by the Scottish Liberal Democrats. Freedom-of-information data showed a case dating back to 2016/17 has not been completed in more than 2,900 days.
There are currently 269 outstanding FAIs, the data showed. Some 149 of these are for deaths in custody, including one dating back to 2018/19.
The longest FAI to have concluded in the last five years took 3,595 days – almost ten years. The Lib Dems say reform of the system is needed as new custody FAIs are being added at a faster rate than they are being resolved.
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However, the Crown Office claimed the figures do not reflect the complexity and benefits of the system of death investigations under Scots law.
In June this year, the Solicitor General apologised to families who have “waited too long” for an FAI into the death of a loved one, but said processes have been improved in recent years.
Lib Dem justice spokesman Liam McArthur said: “If your loved one were to die in tragic circumstances, the least you would expect is for the system charged with providing answers and learning lessons to come to its conclusions in less than a decade. For too many families, this is a system that leaves them with unresolved trauma and unanswered questions for far too long.
“In prisons in particular, new inquiries are being added far faster than older ones are being discharged. The SNP Government have had plenty of opportunities to reform fatal accident inquiries, but they have chosen to cling to a failed system. It’s clear that the system is not working.”
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The party argues that death investigations should more closely reflect the coroner system in England and Wales, and FAIs should be moved outside the remit of the Crown Office.
A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “These statistics do not reflect the complexity and benefits of the whole system of death investigations in Scotland, of which fatal accident inquiry are just a small part. In every jurisdiction, and under every system of death investigations, some cases inevitably take longer to conclude than others.
“COPFS is committed to improving the way it handles all its casework and to communicate more effectively with its service users.”
A Scottish Government spokesman said: “The independent Crown Office and Procurator Fiscal Service has acknowledged that some FAIs have taken too long and has reformed its processes to reduce the time taken to investigate deaths, and bring inquiries to court more quickly.”
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