The Scottish Perspective
Instructing death investigations
Scotland
.
Procurator Fiscal
Dundee
England,
Wales and
Northern
Ireland
Coroner
Police
Procurator Fiscal ?
Crown Office and
Procurator Fiscal Service (COPFS)
(a Department of the Scottish Government)
‘To provide the sole public
prosecuting authority in Scotland’
Lord Advocate
‘To investigate all sudden deaths
made known to the Procurator Fiscal
and, in appropriate cases, conduct
public enquiries and prosecutions’
Solicitor General
Investigation of crime ?
(all crimes)
Crown Office
(Edinburgh)
Area
Procurator
Fiscal
District
Fiscal
Area
Procurator
Fiscal
District
Fiscal
District
Fiscal
PF Depute
PF Depute
PF Depute
PF Depute
PF Depute
PF Depute
Area
Procurator
Fiscal
District
Fiscal
Prosecution of crime ?
(all crimes)
Crown Counsel
Crown Office
• Advocates Depute
• Solicitor General
• Lord Advocate
High Court
Crown Court
Sheriff Court
Procurator Fiscal
District
Court
Preparation of cases, decision to prosecute, conduct of trial
Instruction of pathologists, receipt of reports, further discussions
Magistrates Court
COPFS
COPFS
Role of police is to assist in investigation, but always subordinate to COPFS
Fiscal’s options when notified of a death:
No post mortem examination
 GP, hospital doctor or FME issues death
certificate
 pathologist does ‘view and grant’ and
writes certificate
Post mortem examination
 single doctor
 double doctor (not suspicious)
 double doctor (suspicious)
and so get a pathologist
Post mortem examinations
(approximately 6,400 per year)
 approx. 70% by forensic pathologists
 remainder by hospital pathologists
 all suspicious deaths carried out by
forensic pathologists
(except Inverness)
. Dundee
 all forensic pathologists based in
four University centres
Aberdeen
1
(?2)
= 11 pathologists for
How did this evolve?
about 5000 cases
Dundee
3
(?3)
Glasgow
5
(5)
Edinburgh
2
(3)
University based ?
.. a long tradition
Chairs
established
Edinburgh 1807
Glasgow
1839
Aberdeen 1857
Pre 1980s
Those carrying out post mortems:
• forensic pathologists in University departments
• police surgeons
• hospital pathologists
• general practitioners
Issues
 system patchy and of variable quality
 no-one had any official duty to provide forensic pathology services
 payment was only on a fee per case basis
 University departments reliant on wider University funding
 not sufficiently secure to attract recruits unless they had an alternative income
McCluskey / Bowen Report
1975
Main recommendations
 as far as possible, only doctors with special training in forensic pathology
should undertake work for the fiscals
 forensic services should be consolidated in the four main Universities
 recognition of the important part University departments of forensic medicine
play in training doctors and lawyers
 graduates training in pathology should spend time in a forensic department
 forensic pathologists in the Universities should be paid salaries equivalent to
their clinical colleagues
 the Crown should make block grants to the Universities instead of paying
individual fees – this would allow more staff to be appointed
 rejected the notion of a single central institution outside the Universities
 pathologists should be amongst their clinical and scientific colleagues;
their duties are not just to provide a service for the Crown but to engage also
in teaching and research
 being in Universities prevents intellectual isolation and safeguards impartiality
Para. 83 ‘How should this service be provided?’
‘We considered the feasibility and desirability of establishing a full time service of
forensic pathologists to undertake all forensic pathology in Scotland.
The requirements of the criminal authorities and the defence however point to the
need for an efficient service which is readily available locally, and it seemed to us
that no useful purpose would be served by gathering together all the experts into a
small discrete group in one centre.
Not only would they be at a distance from the point of need but they would be
isolated from their professional colleagues in other branches of pathology and
medicine, and from the police and Procurators Fiscal with whom a close working
liaison and co-operation is vital.
Moreover, the setting up of such a national service would remove from the
departments of forensic medicine much of the case work necessary for the staff
to maintain their professional expertise. We do not recommend therefore that
the service should be organised in this way’
Scotland 2009
• forensic pathologists still all based in
Universities
• no independent units (yet)
• in some areas non-suspicious cases
carried out by local NHS pathologists
• funded by ‘Crown Office Contract’
. Dundee
• tenders and bids – currently 7 year contract
• paid to Universities or to NHS Trusts
• contracted to carry out certain number of
post mortems each year
For Glasgow department
Could this be done in
• ave. 2058
cases each
between five
England
andyear
Wales?
consultants
• ave. 395 ‘double-doctor cases’
- homicides
- other suspicious
- drug abuse and prosecutable RTAs
Comparing forensic pathology practice north and south of the border
• number and range of cases dealt with
• corroboration of findings i.e. 2 doctor system
• physical groupings i.e. no-one working in isolation, colleagues to step in
• independence from police and (perceived) from legal authorities
• fewer court appearances – inquests, defence
• job security – sick pay, suspension with pay, pension etc.
• involvement with teaching – undergraduate, post graduate
• facilities for research
• technical support – histology, IT, secretarial
Glasgow 1931
Comparing forensic pathology practice north and south of the border
• number and range of cases dealt with
• formal corroboration of findings i.e. 2 doctor system
• physical groupings i.e. no-one working in isolation, colleagues to step in
• independence from police and (perceived) from legal authorities
• fewer court appearances – inquests, defence
• job security – sick pay, suspension with pay, pension etc.
• involvement with teaching – undergraduate, post graduate
• facilities for research
• technical support – histology, IT, secretarial