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1 INTRODUCTION
1.1 General
This code of practice and performance standards has been developed for forensic pathologists in Scotland dealing with suspicious deaths. This code is also relevant for neuropathologists, paediatric pathologists and any other pathologist, (including NHS pathologists), involved in the investigation of suspicious deaths. It has been introduced to ensure that common standards of practice exist throughout the whole of the United Kingdom. It is based very largely on the Code of Practice now adopted for forensic pathologists in England and Wales, that document having been developed and accepted by the Home Office Policy Advisory Board in Forensic Pathology and the Royal College of Pathologists. It allows pathologists to demonstrate high standards of professional performance using valid and acceptable criteria.
The general principles of performance standards for pathologists are applicable throughout the whole of the United Kingdom. In Scotland the investigations into sudden, unexpected, unexplained or suspicious deaths are led by the Procurator Fiscal. It is the Procurator Fiscal who takes the final decisions about those investigations including whether a death should be treated as suspicious and whether there should be a one or two doctor autopsy.
The document is divided into sections, each dealing with a specific aspect of the activity of the forensic pathologist, and each section commencing with a statement of the standard of practice expected of a forensic pathologist. New recruits to the profession will be expected to display competences derived from these standards. The document then goes on to expand, where necessary, upon the way in which these standards should be maintained during delivery of the service.
The code of practice is consistent with Recommendation R(99)3 1 of the Council of Europe on the Harmonisation of Medico-Legal Autopsy Rules, adopted by the Committee of Ministers in February 1999.
1.2 Importance of the code of practice and performance standards
Adherence to this code of practice and performance standards will be an essential requirement in the provision of these services. If there are occasions on which forensic pathologists decide to depart from these codes, they must be able to justify their reasons to colleagues, to the Crown Office and Procurator Fiscal Service ( COPFS), the criminal justice system and, if necessary, to the College. There may be occasions when a departure from these standards is unavoidable or even desirable. In such instances, the reasons for this departure should be discussed beforehand with the Procurator Fiscal and recorded in the autopsy report.
In the context of the Scottish 'double doctor' system, this code will apply equally to both pathologists' involvement in the case.
1.3 The duties and responsibilities of the forensic pathologist
Among the duties and responsibilities of the forensic pathologist, the following elements are considered particularly important:
- personal expertise: keeping up to date with the latest methods and thinking by, for instance, actively pursuing relevant continuing professional development ( CPD) programmes
- standards: accepting the use of agreed documented procedures and participating in appropriate schemes of peer review and audit
- integrity of evidence: ensuring that the integrity of evidence is not compromised
- ensuring the fair presentation of findings: presenting findings and evidence in a balanced and impartial manner, and confining opinions to those based on personal skills and experience, referring to the work of other experts in the field where appropriate
- understanding the Scottish criminal justice system: recognising the importance of the disclosure of information to relevant parties
- service provision: the pathologist will address and where possible, meet customers' needs, including timeliness, providing relevant information and communicating effectively with police officers and others in the investigative process including complying with COPFS contracts and local service delivery agreements.
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