<P> The inquiries process was reviewed by Lord Cullen of Whitekirk for the Scottish Government in 2008, following which the Scottish Government consulted on proposals in 2014 . The Inquiries into Fatal Accidents and Sudden Deaths etc . (Scotland) Act 2016 was passed by the Scottish Parliament on 10 December 2015, and when brought fully into force it will replace the 1976 Act . </P> <P> A person cannot be buried or cremated in Scotland unless a medical practitioner has issued a death certificate, and doctors are mandated to report certain sudden, suspicious, accidental, or unexplained deaths to the procurator fiscal, and the report will be received by the Scottish Fatalities Investigation Unit, part of the Crown Office and Procurator Fiscal Service . The procurator fiscal can require a Police investigation, and where mandated by statute, or otherwise at their discretion, the procurator fiscal can hold a fatal accident inquiry . </P> <P> Where the death appears to be due to a criminal act, the procurator fiscal will initiate investigations by the police, or other appropriate public authorities, to enable the identification of suspects and associated evidence to enable them to prosecute the case in the Sheriff Court, or for an Advocate Depute to prosecute in the High Court of Justiciary . </P> <P> A fatal accident inquiry is mandated by the 1976 Act if the death occurred while the deceased was in lawful custody or whilst they were at work . Other inquiries may be held where the procurator fiscal decides it is "expedient in the public interest". The Lord Advocate has the discretion not to hold an inquiry (including a mandatory inquiry) where the circumstances of the death have been adequately established in criminal proceedings . </P>

Fatal accident and sudden deaths inquiry (scotland) act 1976