Bereavement abroad through homicide or culpable homicide - support: memorandum of understanding

8. Police Scotland

Roles and responsibilities

Where a British national dies as a result of murder/homicide or culpable homicide overseas, it will be investigated by the appropriate authorities in that country. Primacy for criminal jurisdiction lies with the country where the death occurred. At the request of that country, it may be that Police Scotland are asked to carry out investigations in Scotland. Such a request for assistance would normally be sent to the International Co-operation Unit of COPFS who would direct Police Scotland to make enquiries where appropriate. Any such request would be confidential

There are limited circumstances where the Police can investigate the death of a British national that occurs overseas. One approach for police forces to become involved is through other countries or States requesting assistance. These are typically delivered via requests considered first by the United Kingdom Central Authority (UKCA), which is part of the Home Office, and will be made via the Police Scotland International Bureau.

Police Scotland may also be notified of a death abroad by COPFS and be instructed to carry out investigations on their behalf, for example section 11, Criminal Procedure (Scotland) Act 1995 or if, following referral from the Death Certification Review Service, the Scottish Fatalities Investigation Unit (SFIU) deem further investigations are necessary.

Notification of Death

The FCDO Consular Directorate has the principal responsibility for the communication and liaison with a bereaved family following the death of a British national abroad. The FCDO will typically notify Police Scotland of the death and ask them to inform the bereaved family. The police officers responsible for delivering the death notification will sensitively pass on all information received from the FCDO regarding the circumstances of the death, as well as providing the contact details of the designated FCDO contact.

The police may be requested to assist the FCDO in supporting the bereaved through the appointment of a Family Liaison Officer (FLO). The FCDO has a dedicated consular team, the Murder and Manslaughter Team, who manage such cases. Requests for Police assistance will often be made via the Police Scotland International Bureau.

Role of the Police

There are a number of considerations regarding the role of the police where a death of a British national occurs overseas. The decision whether to provide any assistance in relation to a death of a British national abroad is a matter for the Chief Constable.

The circumstances where consideration to assist in such an investigation may include the following:

• Identification of the deceased is an issue and there is a request for forensic samples to be obtained. For example, dental records, DNA analysis and fingerprints;
• The overseas police service or relevant authority specifically request for enquiries to be conducted in the UK. These requests would generally be made via Interpol or Europol;
• The deceased’s body is returned to Scotland and the Procurator Fiscal (PF) requests police assistance for the purposes of a Fatal Accident Inquiry (FAI);
• Murder or culpable homicide cases which occur abroad and where the suspect is a British national. Section 11 of the Criminal Procedure (Scotland) Act 1995 deals with the murder or culpable homicide of a British national abroad where the suspect is also a British citizen or British subject and there are certain circumstances where the suspect can be prosecuted in Scotland;
• Part of the offence has taken place in Scotland, but the actual death occurs overseas; and
• There is a formal request from an overseas authority for direct investigative assistance in the country where the death occurred. These requests are first considered by the UKCA unit in the Home Office and parameters may be set on what and how assistance may be provided by police. The decision whether to provide any assistance in relation to a request to deploy Scottish Officers overseas regarding the death of a British national abroad is a matter for the Chief Constable.

In cases of murder and culpable homicide abroad consideration should be given to a Senior Investigating Officer and FLO being deployed.

In cases involving the death of a child, multi-agency child safeguarding procedures will also be required.

Senior Investigating Officer (SIO)

Irrespective of the circumstances in which the police become involved in an investigation, it is considered best practice to appoint a SIO since such investigations often present unique legal and cultural challenges.

Should COPFS require Police Scotland to conduct investigations on their behalf, contact will be made with Homicide Governance and Review, to request appointment of a SIO.

Dependent on the circumstances of the case the SIO may wish to consider the opportunities available to assist the investigation process, such as forensic and documentary evidence.

Family Liaison Officer (FLO)

The FCDO Consular Directorate has the principal responsibility for the communication and liaison with a bereaved family following the death of a British national abroad. In some circumstances, the FCDO may request police to consider the deployment of a locally based FLO.

The primary role of police FLO is that of an investigator. Although considered, FLOs will not be deployed in all cases where a British national is murdered or the victim of another serious crime abroad. They will generally only be deployed if there is an investigative role for them.

The FLO forms an integral part of the investigation team and assists the SIO of the investigation to achieve their investigative objectives. This involves becoming the single point of contact between the family and the SIO.

The terms of reference for the deployment of a FLO should be discussed and agreed with the MMT, including who will take primacy for family communication and how it will be conducted. This will include the plan for communication with the bereaved family. The FLO may be able to provide background information, whilst the FCDO can provide information on repatriation, foreign policy and judicial systems, cultural issues and the likelihood of obtaining information from overseas authorities.

It is important that the bereaved family understands that the police and the FCDO are working in partnership. A record should be made of all information that is shared between the FLO and MMT. This should ensure there are no misunderstandings and a record is retained for any future proceedings. It may be necessary for both FLO and the FCDO to directly contact families. Where this occurs, it is important that police and the FCDO inform each other of such contact in support of families.

In cases involving murder and culpable homicide it should be made that clear formal identification of the deceased may be required and a visual identification may not be sufficient. In incidents where more than one person has died, it is vital that the identification is conducted according to international standards to ensure the correct body repatriated.

Where the deceased is repatriated to Scotland and identification is necessary, FLOs should obtain all the relevant information from the family. This may include DNA, medical and dental records, fingerprints or other forensic samples. The police will ensure the integrity of any evidential exhibits, where appropriate advice may be provided through the FCDO or via police channels to overseas authorities in respect of evidential requirements.

Where the Lord Advocate directs under the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 that a FAI should be held following the death of a person who was ordinarily resident in Scotland, or where consideration is being given to the holding of an FAI, Police Scotland may be requested to assist in obtaining information (through the FCDO where appropriate) about any enquiries and investigations carried out by the relevant foreign authority. Where required by the PF, the police FLO may provide information to families about the FAI process, organ retention and the release of the deceased’s body.

Homicides due to terrorism

A police Counter Terrorism SIO will be appointed to lead any criminal investigation into a death abroad which results from terrorist activity. They will also respond to requests to lead criminal terrorist related homicide investigations overseas.