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Fatal Accident Inquiry
A fatal accident inquiry (FAI) is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to service personnel at the discretion of the Chief Coroner or the Secretary of State. The equivalent process in England and Wales is an inquest. A major review of the fatal accident inquiries was undertaken by Lord Cullen of Whitekirk, at the request of the Scottish Government, which resulted in the passing of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. History Fatal accident inquiries were introduced into Scots Law by the ( 58 & 59 Vict. c. 36), before which time the circumstances of a death which required examination were determined by a procurator fiscal. Since then, the procurator fiscal now de ...
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Judicial Process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, Mandate (criminal law), mandate, and warrant (law), warrant. Process normally takes effect by service of process, serving it on a person, arresting a person, posting it on real property, or seizing personal property. Abuse See also *Civil procedure *Due process *Legal proceedings *Legal process outsourcing *Procedural law *Trial References Further reading

*Hartzler, H. Richard (1976). ''Justice, Legal Systems, and Social Structure''. Port Washington, NY: Kennikat Press. *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, NJ: Prentice-Hall. *Murphy, Cornelius F. (1977). ''Introduction to Law, Legal Process, and Procedure''. St. Paul, MN: West Publishing. *Schwartz, Bernard (1974). ''The Law in America''. New York: American Heritage Publishing Co. ...
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Ministry Of Defence (United Kingdom)
The Ministry of Defence (MOD or MoD) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It is responsible for implementing the defence policy set by the government and serves as the headquarters of the British Armed Forces. The MOD states that its principal objectives are to defend the United Kingdom of Great Britain and Northern Ireland and its interests and to strengthen international peace and stability. The MOD also manages day-to-day running of the armed forces, contingency planning and defence procurement. The expenditure, administration and policy of the MOD are scrutinised by the Defence Select Committee, except for Defence Intelligence which instead falls under the Intelligence and Security Committee of Parliament. History During the 1920s and 1930s, British civil servants and politicians, looking back at the performance of the state during World War I, concluded that there was a need for greater ...
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Lord Advocate
His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish Parliament. The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service, and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of the systems of prosecutions in Scotland and is responsible for the investigation of all sud ...
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Detention (imprisonment)
Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time. Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison). Persons can be detained if they are not allowed to leave a specific jurisdiction (a type of travel ban known as an 'exit ban') or if they are prevented from traveling to or from a specific area or region. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainme ...
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High Court Of Justiciary
The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office ''ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the ...
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Advocate Depute
The Crown Office and Procurator Fiscal Service () is the independent public prosecutor, prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Charles III of the United Kingdom, His Majesty's Lord Advocate, who under the Scots law, Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of bona vacantia and treasure trove. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Chief Executive, Crown Agent & Chief Exec ...
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Sheriff Court
A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland. Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a j ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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Police Scotland
Police Scotland (), officially the Police Service of Scotland (), is the national police force of Scotland. It was formed in 2013, through the merging of eight regional police forces in Scotland, as well as the specialist services of the Scottish Police Services Authority, including the Scottish Crime and Drug Enforcement Agency. Although not formally absorbing it, the merger also resulted in the winding down of the Association of Chief Police Officers in Scotland. Police Scotland is the second-largest police force in the United Kingdom (after the Metropolitan Police) in terms of officer numbers, and by far the largest territorial police force in terms of its geographic area of responsibility. The chief constable is answerable to the Scottish Police Authority, and the force is inspected by His Majesty's Inspectorate of Constabulary in Scotland. Scotland is also policed by the Ministry of Defence Police, British Transport Police, and the Civil Nuclear Constabulary within t ...
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Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service () is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's jurisdiction covers all of Scotland, and includes investigation and prosecution of criminal offences, sudden or suspicious deaths, and criminal conduct by the police. It also includes assessment and possession of bona vacantia and treasure trove. The Lord Advocate is assisted by the Solicitor General for Scotland, both of whom are Law Officers. The day-to-day running of the Service is carried out by the Crown Agent & Chief Executive and an executive board who are based in the service headquar ...
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Suspicious Death
A death is suspicious if it is unexpected and its circumstances or cause are medically or legally unexplained. Normally, this occurs in the context of medical care, suicide or suspected criminal activity. Legal procedure United Kingdom In cases of suspicious death in England and Wales, the police are required to contact a coroner, who will open an inquest, which is automatically adjourned to allow the police to continue their investigations. This adjourned inquest means that the death can be officially registered and a temporary death certificate issued. If, as a result of police enquiries, a criminal is charged or an accident is shown to have occurred, a full death certificate is issued. Otherwise, the coroner holds a full inquest. In Scotland, the coroner's functions are carried out by a "procurator fiscal", who is appointed by the Lord Advocate to investigate unexpected or accidental deaths. Any suspicious death of a British national outside of Britain is required to be inves ...
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Death Certificate
A death certificate is either a legal document issued by a medical practitioner which states when a person died, or a document issued by a government civil registration office, that declares the date, location and cause of a person's death, as entered in an official register of deaths. An official death certificate is usually required to be provided when applying for probate or administration of a deceased estate. They are also sought for genealogical research. The government registration office would usually be required to provide details of deaths, without production of a death certificate, to enable government agencies to update their records, such as electoral registers, government benefits paid, passport records, transfer the inheritance, etc. Nature of a certificate Before issuing a death certificate, the authorities usually require a certificate from a physician or coroner to validate the cause of death and the identity of the deceased. In cases where it is not comp ...
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