Rule 4.11 The duty to agree informationI1

Scotland

(1)

Before the start of the inquiry, each participant must identify information which—

(a)

that participant would, apart from this rule, present at the inquiry; and

(b)

is considered by that participant unlikely to be disputed by other participants.

(2)

The participants must take all reasonable steps to agree such information.

(3)

In particular, the participants must take all reasonable steps to agree the following—

(a)

the name, age, address and occupation of the deceased;

(b)

the location, date and time of the deceased’s death;

(c)

the circumstances in which the death was discovered;

(d)

the identity of any person who witnessed the accident or discovered the deceased’s body;

(e)

the name of the doctor who pronounced the death of the deceased;

(f)

in the case of a death falling within section 2(3) (death in the course of employment in Scotland)—

(i)

the name and address of the deceased’s employer;

(ii)

the length of period of employment;

(iii)

the nature of employment; and

(iv)

the deceased’s employment duties at the time of death;

(g)

in the case of a death falling within section 2(4)(a) (death in legal custody)—

(i)

the offence committed, date of conviction and time spent in custody;

(ii)

the offence alleged to have been committed, the date and place of remand and the reasons for that remand; or

(iii)

the reasons for the deceased being in legal custody;

(h)

in the case of a death within article 6 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016^f1 (death in Scotland of service personnel)—

(i)

the length of period of service;

(ii)

the nature of service; and

(iii)

the deceased’s service duties at the time of death;

(i)

any post-mortem report; and

(j)

any toxicology report.

Annotations

Commencement

I1: Rule 4.11 in force at 15.6.2017, see rule 1.1(2)

Footnotes

f1: S.I. 2016/1142.