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8 CONFERENCES AND OTHER SUBSEQUENT ACTION
8.1 Standard
The pathologist will:
a) attend any request for precognition/consultation by the Procurator Fiscal/Advocate Depute to discuss the pathologist's report or other issues involved in the case.
b) explain clearly all findings and their interpretation in the context of the case.
c) consider alternative explanations, test alternative hypotheses, draw conclusions and give advice based on the facts of the case and established scientific principles.
d) state what is required before additional conclusions can be drawn and demand that those requirements are fulfilled before any additional conclusions are drawn.
e) identify, clarify and summarise areas of agreement and disagreement.
f) seek feedback to determine whether those involved understand the concepts discussed at precognition/consultations.
g) advise the Procurator Fiscal/Advocate Depute of any significant change in their opinion on the cause and mechanism of death.
h) make themselves available to speak to nearest relatives where appropriate.
8.2 Code of practice
8.2.1 Attendance at precognition
By the time the pathologist attends for precognition, the Procurator Fiscal will often have precognosced eye-witnesses and obtained further information about the background to the death. As a result, further information may be then available to the pathologist to assist in drawing conclusions or testing hypotheses that were previously causing concern or were unexplained.
The precognition process is also an opportunity for the pathologist to raise any areas of concern with the Procurator Fiscal, to discuss conclusions previously drawn in more detail or to finally draw conclusions where none could be drawn before.
There may well be more information available at precognition than there was at the time of the autopsy about the accused's version of events. This may provide an opportunity to discuss the position of the accused in more detail.
The pathologist should be able at precognition to discuss with the Procurator Fiscal the mechanism of death, particularly where this is complicated or multi-factorial. This will assist in ensuring that all persons who subsequently become involved with the case can understand the concepts involved.
8.2.2 Availability for consultation
There may be cases where the Procurator Fiscal/Advocate Depute need to discuss an aspect of the case - this may be because new information has come to light or for other reasons. In these situations pathologists may be asked to make themselves available for consultations (either in person or over the telephone) with the Procurator Fiscal/Advocate Depute either prior to the trial commencing or prior to leading their evidence.
8.2.3 Change in opinion
In order for cases to be processed fairly, professionally and effectively, pathologists must advise the Procurator Fiscal/Advocate Depute of any significant change in their opinion on the cause and mechanism of death.
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