Last month we posted an item on the Scottish Government’s consultation on burial and cremation law, which Scottish ministers feel is long overdue for reform and updating. The consulation closed on 24 April.

The law surrounding death in Scotland has always been different from the law in England and Wales. Scotland does not have coroners; instead, the Lord Advocate is responsible for investigating any death that requires further explanation and there is a Scottish Fatalities Investigation Unit within Crown Office responsible for investigating all sudden, suspicious, accidental and unexplained deaths. Once a death has been reported to the Procurator Fiscal, the Fiscal has legal responsibility for the deceased’s body, usually until a Medical Certificate of Cause of Death (MCCD) is written by a doctor and given to the nearest relative. Continue reading →