Fatal Accident Inquiry Solicitors

Practice Areas

Representation at Fatal Accident Inquiries

A Fatal Accident Inquiry (FAI) is a public inquiry held before a sheriff into the circumstances of a death in Scotland, governed by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. An inquiry is mandatory for deaths in legal custody, including police custody, and for deaths resulting from an accident at work. The Lord Advocate may also order a discretionary inquiry into a sudden, suspicious or unexplained death, or one that has caused serious public concern.

PBW Law is ranked as the top Scottish firm for Police Law: Mainly Defendant in the Chambers UK directory. We represent police officers, families and organisations at FAIs across Scotland, and our team has acted in some of the most complex fatal accident inquiries in the country.

Courtroom interior — Fatal Accident Inquiry solicitors, Scotland

How an FAI Works

Investigation — the procurator fiscal investigates the death, often with PIRC where the police were involved, before the Crown decides whether an inquiry will be held.
Participants — people with an interest in the death, such as family members, employers and officers whose actions are under scrutiny, may take part and be legally represented.
Preliminary hearings — the sheriff manages the inquiry, setting the timetable and the issues to be examined.
Evidence — witnesses give evidence in court and can be questioned by every participant. Witnesses keep the right not to answer questions that might incriminate them.
Determination — the sheriff makes findings on the cause of death, any reasonable precautions that might have prevented it and any defects in systems of working, and may make recommendations.
Status of findings — the determination is not admissible in, and cannot be founded on in, any other judicial proceedings.

How PBW Law Helps

For officers, we protect your position throughout: advising on precognition and statements, preparing you to give evidence and ensuring your account is heard fairly. For families, we help you understand the process, ask the questions that matter and press for meaningful recommendations. Professor Peter Watson, Solicitor Advocate, holds an individual Chambers ranking in Police Law and serves as President of the British Academy of Forensic Sciences.

An FAI can overlap with PIRC investigations, criminal proceedings, misconduct cases and civil claims. We help you manage those risks together, rather than one at a time.

Frequently Asked Questions

Do I need a solicitor at an FAI?

You are not obliged to be represented, but an FAI examines conduct and decisions in detail and in public. Representation ensures your account is presented fairly, your interests are protected and you can test the evidence of others.

Can an FAI find someone to blame?

An FAI is not designed to establish civil or criminal liability, and the sheriff's determination cannot be used as evidence in other court proceedings. However, the evidence heard and the findings made can still have consequences, so careful preparation matters.

How long does an FAI take?

FAIs can take a considerable time to begin, as the investigation into the death must be completed first, and complex inquiries can sit for weeks. We keep you informed at every stage.

Do you act for families as well as officers?

Yes. We represent police officers, families and organisations, subject to checking that there is no conflict of interest.

If you have been asked to give evidence at an FAI, or have lost someone whose death is being investigated, call us on 0141 439 1990. Out of hours, call 07802 884830.