Procurator fiscal (Scotland)

In Scotland, the procurator fiscal investigates deaths that are sudden, suspicious or unexplained, the role a coroner has in England, Wales and Northern Ireland. A doctor, the registrar or the police reports the death, and the fiscal can order a post-mortem without the family’s consent. Once the fiscal’s enquiries allow it, the death can be registered.

Who the fiscal is

The procurator fiscal is a public legal officer working within the Crown Office and Procurator Fiscal Service. When a death is reported, the fiscal looks into the circumstances to establish the cause. The fiscal also decides whether criminal proceedings should follow, or whether a Fatal Accident Inquiry should be held. Scotland has no coroners and no inquests, so this is the route every such death takes there.

What it means for the family

A post-mortem examination may be part of the enquiries, and the next of kin cannot refuse it once the fiscal has ordered it. A referral can push the registration past Scotland’s usual limit of 8 days. When the investigation is complete, a death certificate is issued and you can go to the registrar to register the death. While you wait, the Victim Information and Advice service supports bereaved families, and it is free.

If no relatives can be found

Sometimes a person dies with no family anyone knows of. The fiscal then tries to trace relatives, and passes the details of the estate to the King’s and Lord Treasurer’s Remembrancer, known as the KLTR.

In England, Wales and Northern Ireland

The same work is done by a coroner, who can hold an inquest. Coroners in England and Wales can also investigate some deaths that happened abroad, which coroners in Northern Ireland cannot do.