Letter from The Sheriffs' Association
(P 22)
Thank you for your letter of 28 November in
which you advised me that the sub judice rule of the House
of Commons applies to Fatal Accident Inquiries in Scotland in
the same manner as to proceedings in coroners' courts in England
and Wales.
I have discussed your request for views with fellow
Office Bearers of the Association. It is the practice of the Association
not to comment on matters which are essentially policy issues
and we do not therefore consider it appropriate to offer a view
on the question of whether or not the sub judice rule should
apply in respect of Fatal Accident Inquiries in Scotland. We would,
however, observe that the operation of the rule would appear likely
to arise much less frequently in Scotland, as there is no general
requirement for the convening of an Inquiry by a court into the
circumstances of a death or deaths. The circumstances in which
the law in Scotland requires that there be a Fatal Accident Inquiry
are limited and even in such cases the procedure for holding such
an Inquiry may often not be initiated until long after the occurrence
of the death or deaths. It would appear therefore that the impact
of the rule on the proceedings of the House of Commons is likely
to be considerably more limited in the case of deaths in Scotland.
Sheriff Andrew Normand
December 2005
| 
