Information for bereaved families and friends following murder or culpable homicide

Section 6: Practical issues

When a loved one dies suddenly, it can be difficult to cope with the practical matters you will need to address. This section covers some of those practical matters and gives details of agencies that you are likely to need to contact.

Victim Support Scotland offers practical support and can help people to deal with the various demands and pressures following a death. They can be contacted on 0131 668 4486 (national office) or the helplines on 0845 603 9213 or 0845 30 30 900. Calls are charged at the local rate.

6.1 How to register a death

Any death which occurs in Scotland should be registered within 8 days.

The death can be registered in any registration district in Scotland. You can get the address of the local registrar from the funeral director or telephone book (under "Registration of Births, Deaths and Marriages"). The funeral director or registrar will also be able to tell you what documents will be needed to register the death.

6.2 Murder, manslaughter and suspicious deaths committed in other countries

If a close friend or relative dies abroad and you are in the UK

If a close friend or relative has been killed abroad, this creates extra difficulties. In these circumstances, the British Consul is there to help and guide you. Once notified of the death of a British national, consular staff will pass the details to the police in the UK who will try to contact relatives as soon as possible. If the person was murdered, or the death is unexplained or suspicious, you may be allocated a police Family Liaison Officer (see section 1.2) who will liaise with the Foreign and Commonwealth Office (FCO). This is the UK Government department, based in London, that deals with British interests abroad.

Consular staff at the FCO in London will keep in touch with you and the Consulate abroad until burial or cremation overseas, or until your loved one has been brought back to the UK. They will let the Consulate overseas know your wishes concerning funeral arrangements and do their best to ensure these are carried out.

If the person who died was known to be suffering from an infectious condition, for example, the hepatitis or HIV viruses, you should tell Consular staff.

There may be a delay before you can bring the person home if there is an overseas inquest and post mortem. With very few exceptions, neither the police in Scotland nor the Procurator Fiscal (PF) have any authority to investigate deaths abroad. The police in Scotland may be asked to carry out enquiries in the UK to assist the investigating police.

You should register the death according to the local regulations in the country concerned and obtain a death certificate. You may be able to register the death with the British Consul in that country for a fee. However, you are not obliged to do this.

If you do register the death with the British Consul, a record of the death will be sent to Scotland. You will then be able to get a copy from the National Records of Scotland. There may be a delay in obtaining this since details are returned from British Consuls at the end of each year and records amended in March/April of the following year.

If the death is registered only with the local authorities in the country where the person died, there will be no record held in the United Kingdom.

More information about registering a death is available at: www.fco.gov.uk/en/travel-and-living-abroad/births-deaths-marriages-civil/registering-a-death

How can British Consular staff help?

British Consular staff can keep the next-of-kin informed. Their job is to ensure you do not feel you are on your own. They have several helpful guides available at www.fco.gov.uk/en/travelling-and-living-overseas

They can advise on the cost of local burial or cremation, and tell you how to arrange for the return to the UK of the deceased person and their personal property. Consular staff cannot pay or help with these expenses. You would need to check if costs could be covered by a travel insurance policy.

Consular staff can provide a list of local funeral directors in the country where the death took place. If an English speaking firm is not available, Consulate staff will help you with the arrangements.

Where there is evidence of suspicious circumstances, Consular staff can suggest the best way to raise concerns with the local authorities. They cannot investigate deaths themselves, but will consider making representations to the local authorities if there are concerns that the investigation is not being carried out in line with local procedures.

Bringing the person who has died back to the UK

If you decide to bring your loved one back from abroad, and wish a cremation to take place, you must make a cremation application to the Public Health Team of the Scottish Government. You will be able to get advice on this from a funeral director, who will make these arrangements on your behalf.

Unless the death falls into one of the rare exceptions where the PF can carry out investigations (see above) there will be no need for investigation by the PF when the body is returned to Scotland. If investigations are necessary, these may include a post mortem examination (see section 2.5) and this could affect the PF's decision to allow cremation.

Support services

Many countries have services like Victim Support which can provide help. If you would like to contact a victim support service in another part of Europe, details can be found at: www.victimsupporteurope.eu. Alternatively, you may wish to contact Victim Support Scotland's National Office and they will try and find out what, if any, service exists in another country. Their phone number is 0131 668 4486. Some countries also have their own state compensation schemes.

Support After Murder and Manslaughter Abroad (SAMM Abroad) is a registered charity that helps people in the UK whose loved ones are the victims of murder or manslaughter abroad. More details are available at www.sammabroad.org or their contact telephone number is 0845 123 2384.

6.3 Claiming criminal injuries compensation

Eligibility and awards

If you are the relative or dependant of someone who has died as a result of a criminal injury, you may be eligible to receive compensation under the Criminal Injuries Compensation Scheme. The Criminal Injuries Compensation Authority (CICA) fatal injury award is not designed to compensate for the loss of life. The award is intended as an expression of public sympathy.

As indicated in section 2.7, the CICA may be able to refund funeral expenses and make payments to compensate for the loss of financial support due to the victim's death. You should keep all receipts as a refund can only be made if you provide valid receipts with your claim.

A final decision on your claim can sometimes take a year or more, depending on how complex your case is and which other organisations the CICA have to contact.

To check whether you are eligible to apply for an award either phone 0300 003 3601 or visit www.gov.uk and search "criminal injuries compensation".

Different people qualify for different types of payment. Payments will depend on your relationship with the victim and whether you were financially dependent on them. If you were a witness to the crime, you may also qualify for a payment.

You will only be given compensation if you meet the requirements of the scheme. The CICA may reduce or refuse an award on the grounds of your, or the victim's, conduct or convictions.

CICA currently does not cover homicides abroad.

Information and application

Applications under the scheme should normally be made within 2 years of the incident for which the claim is made. This time limit may be set aside in exceptional circumstances.

You can obtain more details, along with an application form and details of the documents you need, by contacting the CICA on 0300 003 3601.

Further information can also be found on their website at: www.gov.uk

Your local Victim Support service can offer you help and information on making and completing an application under the scheme. You can find the address of your local Victim Support service in the telephone book, or you can ring the national office on 0131 668 4486 or the helplines on 0845 603 9213 or 0845 303 0900. Calls are charged at the local rate.

6.4 Legal aid

If you have a low income, you may be eligible for legal advice on matters arising from the crime. You may be asked to pay a contribution towards the cost of this legal aid but you may be able to pay this in instalments over several months. Your solicitor can advise whether you will qualify for legal aid and what the arrangements are for claiming it.

If you raise a court action with the help of public funding and your case is successful, you will be asked to put some or all of the money you receive towards your solicitor's bill. This is called "clawback". Make sure that your solicitor explains it before you go ahead with your case.

6.5 Benefits

Many people have financial worries after bereavement, so you might want to check if you are entitled to any welfare benefits.

The Registrar (who registers the death) will give you a certificate to fill in and return to the Department for Work and Pensions. You should read the information on the certificate regarding the DWP Bereavement Service and call them to notify them of the death. In addition, they can complete a benefits check of what you may be eligible for, take your claim for certain benefits over the phone and advise who to contact to claim others.

• Phone 0845 606 0265 then:
• Select the option "if you are calling to tell us about someone who has died, or check what help may be available following a bereavement".

If you call the DWP Bereavement Service to report the death, you do not have to send in the BD8 form. Keep the BD8 form and a note of any reference numbers as you may need them later on. You should also let the Tax Office know about your change in circumstances.

You can also receive advice from your local Citizens Advice Bureau (your local branch will also be listed in the telephone directory).

6.6 Wills

A Will appoints someone (known as the executor) to administer a dead person's estate (everything they owned).

It also gives instructions on how possessions and money should be distributed.

You will need to find out if the person made a Will. Copies of Wills may be held by a bank or a solicitor. If you are in doubt, contact a solicitor.

Wills can be complicated. Sometimes there is no Will. Whether or not there is a Will, a solicitor will be able to give you advice on what you need to do.

If you do not have a solicitor, the Law Society of Scotland can give you details of solicitors in your area. The Law Society is the professional body to which all solicitors in Scotland belong. You can contact them on 0131 226 7411 (textphone 0131 476 8359) or visit their website at www.lawscot.org.uk.

Sorting out the affairs of someone who has died can be complex and distressing. It may take many months or years. Friends and family can be supportive at this time - they may be able to help in all sorts of ways.

6.7 Who do you need to tell about the death?

Depending on the circumstances, you may also need to contact some other organisations and people. These could include:

• GP
• Any hospital the person was attending
• Other health professionals (for example, dentist, optician)
• Employer
• Personal or occupational pension schemes
• Insurance company
• Bank and/or building society
• Mortgage provider or housing association
• The local council housing department if the person was living in a council house
• The local council Housing Benefit/Council Tax Benefit section if the person was getting Housing Benefit and/or Council Tax Benefit (see section 6.5 about who to tell about other benefits)
• A child or young person's teacher, or college or university if a parent, brother, sister, grandparent or close friend has died
• DVLA (if the person had a driving licence, you will need to return it)
• The Passport Office (if the person had a passport, you will need to return it)
• A car insurance company (if you are insured to drive the car under the person's name, you will cease to be legally insured)
• Gas, electricity and telephone suppliers
• The Post Office so that they can redirect the mail of the person
• Child Benefit Centre if child benefit was being received
• Benefit Delivery Centre if benefits were being received
• The tax office at HM Revenue & Customs.

For more detailed information you may find the leaflet "What to do after a death in Scotland" useful. It is available from the Scottish Government at www.scotland.gov.uk/Topics/Justice/law/damages/succession or telephone 0131 244 3581. A Scottish Government textphone facility is available at 0131 244 1829

6.8 Stopping unwanted mail

It can be upsetting to receive direct mail or sales calls for someone who has died. One way to reduce the chance of receiving junk mail is to contact the "Bereavement Register" by calling 0800 082 1230 or logging on to its website at www.the-bereavement-register.org.uk. The process of registering is straightforward and free.

You can also reduce the chance of unwanted telephone sales calls, mail and faxes by registering free with the following:

• Telephone Preference Service (0845 070 0707 or www.tpsonline.org.uk)
• Mailing Preference Service (0845 703 4599 or www.mpsonline.org.uk)
• Fax Preference Service (0845 0700 702 or www.fpsonline.org.uk).

You have to re-register with these services every few years.

6.9 Debts

You may have worries about debt, or about managing your finances, especially if you are not used to dealing with money and bills on your own.

You may need to contact some organisations to establish responsibility for outstanding balances. Who these organisations are will depend on your own financial arrangements or those of the deceased person.

If you have any money worries, get in touch with your local Citizens Advice Bureau. They provide advice but cannot themselves offer you financial support. You will find their telephone number in your local directory.

For advice on debt, call the National Debtline free on 0808 808 4000 or www.nationaldebtline.co.uk/scotland/.

6.10 If you have concerns about the criminal justice system

This page explains how to make a comment or complaint to the authorities about the criminal justice system.

The police

If your comments are about the police you can write to the Chief Constable of the Police Service of Scotland. If you are not satisfied with the reply you receive, you can complain to the Police Complaints Commissioner for Scotland (PCCS), Hamilton House, Hamilton Business Park, Caird Park, Hamilton, ML3 0QA, or call freephone 0808 178 5577, or email enquiries@pcc-scotland.org (www.pcc-scotland.org). PCCS will investigate how your complaint was dealt with by the Chief Constable, and may make recommendations to the police force concerned.

The Procurator Fiscal Service

Complaints should be directed to the relevant Procurator Fiscal's Office (or, where appropriate, the relevant Crown Office Unit or Division) where the complaint originated. Your complaint will be handled by a local manager. If you are dissatisfied with the response you can request a review by a more senior manager. The review will often be carried out by the Area Procurator Fiscal (or a senior manager nominated on their behalf), the Area Business Manager or the Head of the relevant Crown Office Unit or Division. A complaint that remains unresolved may be referred for a final review to the Crown Agent and Chief Executive (the Head of COPFS) Crown Office, 25 Chambers Street, Edinburgh EH1 1LA or a senior manager nominated on their behalf.

Courts

If your comments are about a Sheriff Court you can write to the Sheriff Clerk, if about the High Court, you can write to the Deputy Principal Clerk of Justiciary. If you are not satisfied with the reply you receive, you can write to the Sheriffdom Business Manager (Sheriff Court) and Principal Clerk of Justiciary (High Court). If you are still not satisfied, you can write to the Chief Executive, at the Scottish Court Service, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD.

If your comments are about a Sheriff or Judge you can write to The Executive Director, Judicial Office for Scotland, Judicial Office for Scotland, 1A Parliament Square, Edinburgh EH1 1RQ.

Your Members of the Scottish Parliament (MSPs)

Your MSP's job is to represent your interests in the Parliament. You may want to write to or meet them to discuss any aspect of your case which you think they could act upon.

You can write to your MSP at the Scottish Parliament, Edinburgh EH99 1SP. You can find out the name of your MSPs by calling 0131 348 5000 or 0800 092 7500 (textphone 0800 092 7100) or visiting the Scottish Parliament website at www.scottish.parliament.uk.