Rule 3.1 First noticeI1

Scotland

(1)

First notice is to be given in Form 3.1.

(2)

First notice must set out—

(a)

the information required by section 15(2)(a) (that is, a brief account of the circumstances of the death, so far as known to the procurator fiscal);

(b)

the identity of the deceased;

(c)

any issues identified by the procurator fiscal which it is anticipated the inquiry should address;

(d)

whether the procurator fiscal considers that a preliminary hearing is unnecessary and, if so, the reasons for that view;

(e)

whether the inquiry is mandatory or discretionary and—

(i)

if mandatory, the category of mandatory inquiry;

(ii)

if discretionary, whether the Lord Advocate considers that the death fell within section 4(1)(a)(i) or (ii);

(f)

in the case of a discretionary inquiry under section 6 (inquiries into deaths occurring abroad: general), which condition in section 6(3)(a) is met;

(g)

in the case of a discretionary inquiry under section 7 (inquiries into deaths occurring abroad: service personnel) that the conditions in section 7(1)(c) are met; and

(h)

the identity of any person who the procurator fiscal considers might have an interest in the inquiry.

Annotations

Commencement

I1: Rule 3.1 in force at 15.6.2017, see rule 1.1(2)