Example scenario for Procurators Fiscal involved in SUDI (time ordered flow chart)
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SUDI Occurs
When SUDI occurs or by the next (lawful) day
- Area Procurator Fiscal (PF) informed by hospital Emergency Department/ GP/ police of SUDI.
- Area Procurator Fiscal instruct a police report.
- Police Sudden Death Report to Procurator Fiscal next (lawful) day.
- Ongoing Police investigation.
Post-mortem examination requested by area Procurator Fiscal usually within 48 hours
Police report received by area Procurator Fiscal.
- On receipt of police report, the area Procurator Fiscal instructs post-mortem examination.
- Procurator Fiscal will instruct police on whether they need to attend post-mortem examination.
Paediatric pathologist to forward initial post-mortem examination findings to area Procurator Fiscal.
Notifications within 1 week of SUDI occurring
- Area Procurator Fiscal notifies SUDI paediatrician of SUDI. List of designated SUDI paediatricians will be distributed to Procurator Fiscal offices and kept up to date by Healthcare Improvement Scotland.
- Paediatrician to contact Procurator Fiscal (via letter) requesting post-mortem examination findings and final report when available.
- Area Procurator Fiscal notifies the family within 2-3 days that they propose to pass on the family’s contact details to the Scottish Cot Death Trust unless they object.
- Area Procurator Fiscal notifies Healthcare Improvement Scotland of SUDI (via card return) and as a back up Healthcare Improvement Scotland will contact SUDI paediatrician (to ensure they are aware of case and to ensure appropriate support offered.
- PF to send copies of post-mortem examination findings to SUDI paediatrician / Healthcare Improvement Scotland and also GP if it has been requested.
Final post-mortem report (may be several months after SUDI)
- Paediatric pathologist to forward final post-mortem report to area Procurator Fiscal.
- Procurator Fiscal to send copies of final post-mortem report to SUDI paediatrician/ Healthcare Improvement Scotland and also GP if it has been requested.
- Area Procurator Fiscal may meet with parents if requested to discuss post-mortem report. Usually either the pathologist or designated paediatrician would meet with them jointly to explain the medical language contained in the report.
- Any of the infant's belongings retained for further testing should be returned to the police. The police shall make contact with the family about when and how to return the items that they wish to have back and not assume that they want all.
- Area Procurator Fiscal authorises Healthcare Improvement Scotland to co-ordinate SUDI review.
- Area Procurator Fiscal informs parents of SUDI review meeting.
- Review not authorised in any cases where Significant Case review or prosecution taking place.
