Thematic report on organ retention

1. See Part 1, paragraph 1.4

2. COPFS Strategic Plan 2012-2015

3. See Annex A

4. Source - COPFS Management Information Unit

5. Including 'view and grant' (non-invasive visual examination) post-mortems

6. Section 23 of the Human Tissue (Scotland) Act 2006

7. Section 27 of the Human Tissue (Scotland) Act 2006

8. Section 37 of the Human Tissue (Scotland) Act 2006

9. Source - COPFS Management Information Unit

10. Source - SFIU Organ Retention Database - as at December 2013

11. Also referred to as Sudden Infant Death Syndrome (SIDS)

12. 1 September 2006

13. Full text and explanatory notes available at legislation.gov.uk

14. Human Tissue (S) Act 2006 (Maintenance of Records and Supply of Information Regarding the Removal and Use of Body Parts) Regulations 2006 (SSI 2006 No. 344). This Act relates to records of removal of body parts for transplantation and the use or retention for purposes under s 3(1) of the 2006 Act.

Human Tissue (Removal of Body Parts by an Authorised Person) (Scotland) Regulations 2006 (SSI 2006 No. 327)

Human Organ and Tissue Live Transplants (Scotland) Regulations 2006 (SSI 2006 No.390)

Adults with Incapacity (Removal of Regenerative Tissue for Transplantation) (Form of Certificate) (Scotland) (No.2) Regulations 2006 (SSI 2006 No. 368)

Approval of Research on Organs No longer Required for PF Purposes (Specified Persons) (Scotland) Order 2006 (SSI 2006 No. 310)

Anatomy (Specified Persons and Museums for Public Display) (Scotland) Order 2006

Anatomy (Scotland) Regulations 2006 (SSI 2006 No. 334)

Human Tissue (Scotland) Act 2006 (Anatomy Act 1984 Transitional Provisions) Order 2006 (SSI 2006 No. 340)

15. The notification requirements are set out in the Human Tissue (Specification of Posts) (Scotland) Order 2006 (SSI 2006 No. 309)

16. Section 38(2) of the Human Tissue (Scotland) Act 2006

17. Section 39(b) of the Human Tissue (Scotland) Act 2006

18. Section 40(2)(b) of the Human Tissue (Scotland) Act 2006

19. Sections 47 and 48 of the Human Tissue (Scotland) Act 2006

20. Section 60 of the Human Tissue (Scotland) Act 2006

21. See Annex B

22. The UK Cardiac Pathology Network, who are affiliated to the Association for the European Cardiovascular Pathology has also developed autopsy sampling guidance

23. The process of preserving the brain is called 'fixation'

24. A chemical solution such as formalin is used to fix the brain

25. Crown Office Circular No. 15 of 2006

26. Crown Office Circular No. 3 of 2002

27. An internal information database containing legal and non-legal policy and guidance

28. An internal guidance manual

29. COPFS restructured into four Federations, each led by a Procurator Fiscal - See Annex E

30. Age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation and marriage and civil partnership in relation to employment issues

31. Awaiting approval at the time of the inspection

32. Currently under consideration

33. Victim Information and Advice staff

34. See Annex A

35. The Law Officers and Advocates Deputes

36. 30 January 2014

37. See Part 4

38. Section 24(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

39. As part of the review, consideration was given to extending the existing COPFS case management system to input data relating to organ retention or to introduce a bespoke system to record organ retention. However, IT constraints prohibited extending the existing case management system and given the low number of organs retained, the cost of introducing a bespoke system would be disproportionate

40. As at March 2014

41. With the exception of Shetland which is covered by the University of Aberdeen

42. Age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation and marriage and civil partnership in relation to employment issues

43. COPFS Equality Outcomes and Mainstreaming Report which is available on COPFS public website

44. Equality Outcomes are the results which a public authority seeks to achieve in furtherance of the needs set out in the general equality duty

45. See Annex E for definition

46. Scottish Government publication 'Information for bereaved family and friends following murder or culpable homicide' and the Brake publication 'Information and advice for bereaved families and friends following a death on the road in Scotland'

47. SCDT - cot death charity which funds research into the causes of cot death, offers support to bereaved relatives and educates the public and professionals on cot death and how to reduce the risks

48. The NPIA ceased to operate in December 2012. The NPIA forensic Pathology Unit which assisted ACPO with the audit and the report transferred to the Home Office

49. The report was commissioned by the Minister of Justice for Northern Ireland

50. Legal Issues relating to Forensic Pathology and Tissue Retention - Police and Coroners approach to forensic pathology, Issue 2, produced in 2012. This document relates to England, Wales and Northern Ireland.

51. Royal College of Pathologists: Guidelines for the retention of tissues and organs at post-mortem examination (2000)

52. Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006 - apply to Scotland

53. http://www.crusescotland.org.uk/

54. COPFS Equality Outcomes and Mainstreaming Report - 30 April 2013

55. http://www.nhs.uk/conditions/sudden-infant-death-syndrome/Pages/Introduction.aspx