HC Deb 06 March 1995 vol 256 cc92-4W
Dr. Godman

To ask the Secretary of State for Scotland what guidance, assistance or training is given to procurators fiscal to enable them to examine the question both death certificates and medical notes concerning hospital patients who have died either during surgical care or following such treatment; and if he will make a statement.

Lord James Douglas-Hamilton

A significant proportion of procurators fiscal will have studied forensic medicine at university. On joining the procurator fiscal service, they will receive training in relation to the procurator fiscal's role in the investigation of sudden, suspicious or unexplained deaths. In 1992–93 the Crown Office reached agreement with the departments of forensic medicine of the universities of Glasgow, Edinburgh, Dundee and Aberdeen for the departments to take an active part in the initial and in-service training of procurators fiscal through courses organised both locally and nationally. In addition, the four departments of forensic medicine are under contract to provide procurators fiscal with an advisory consultative service on medical matters. The Departments will also assist procurators fiscal in the interpretation of medical records including the records of persons who have died in hospital or following treatment in hospital.

Dr. Godman

To ask the Secretary of State for Scotland if a procurator fiscal can issue a requirement to examine medical notes concerning a patient who has died(a) during surgery care or (b) following surgical care; and if he will make a statement.

Lord James Douglas-Hamilton

A procurator fiscal may apply to the sheriff court for a warrant to recover hospital records. In practice such records are made available on request.

Dr. Godman

To ask the Secretary of State for Scotland if death certificates are sent by medical practitioners, to procurators fiscal, as(a) a matter of course or (b) as a legal requirement, following the deaths of hospital patients (i) during surgical care or (ii) following surgical care; and if he will make a statement.

Lord James Douglas-Hamilton

It is the duty of the procurator fiscal to inquire into all sudden, suspicious, accidental, unexpected and unexplained deaths, including certain deaths associated with the provision of medical care. Instructions have been given to hospitals, nursing homes and general practitioners, that where a patient has died in certain circumstances, the procurator fiscal must be informed without delay. The responsibility for notification lies with the doctor concerned with the care of the patient or the doctor called in at the time of death. There is no requirement on medical practitioners to send a death certificate to the procurator fiscal. However, arrangements have been made between the Registrar General for Scotland and the Crown Office whereby district registrars will report to the procurator fiscal deaths falling into the categories of deaths into which procurators fiscal must inquire. The registrar will bring such deaths to the attention of the procurator fiscal by sending him an intimation of the particulars relating to the deceased. The intimation will include details of the cause of death as disclosed by the medical certificate.

Dr. Godman

To ask the Secretary of State for Scotland pursuant to his answer to the hon. Member for Aberdeen, South, (Mr. Robertson) of 15 February,Official Report, column 697, on provision for children's evidence, if the closed circuit television equipment currently being installed in the Sheriff court, Greenock, is to be a permanent fixture in relation to the taking of evidence from vulnerable witnesses; and if he will make a statement.

Lord James Douglas-Hamilton

Since 30 September 1991, equipment has been available in the sheriffdoms of Glasgow and Strathkelvin and Lothian and borders to enable child witnesses only, in appropriate cases, to give evidence in criminal trials by way of live television link. The equipment being installed at Greenock sheriff court will be available for cases transferred from other courts in the sheriffdom of north Strathclyde. Provision in that sheriffdom to enable child witnesses to give evidence in criminal trials by closed circuit television will be reviewed no later than 1997, at which time it is expected that major building works at Paisley sheriff court will have been completed.