POLICE Scotland could face prosecution over the M9 crash incident.
The claim came from a legal source who said the alleged lack of a duty of care in the case in which a couple were left in a crashed car for three days after police were alerted could lead to charges under the Health and Safety At Work Act.
Lamara Bell, 25, pictured below died a week after being involved in a crash which killed her boyfriend John Yuill, 28, pictured above, on the M9 in July.
A call was made to police but not acted upon and the couple from Falkirk lay in the crashed Renault Clio until a second call was made.
It is claimed that once the initial call was made the duty of responsibility by the police was established.
The incident is being examination by the Police Investigations and Review Commissioner and HM Inspectorate of Constabulary in Scotland.
The claims over potential prosecution come as the HMICS report is expected to be published.
It is understood the report is due to go to Scottish Justice Secretary Michael Matheson at the start of next week and it is expected to be made public shortly after that.
The legal source described its findings as "brutal".
Health and safety laws involved relate the police's "duty not to endanger others".
The Health and Safety At Work Act 1974 section seven states: "It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work.
It adds: "As regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."
The Scottish Government has said it does not believe a "systemic failure" was to blame for the initial phone call to one of its 999 centres not being passed on to officers on the ground.
However last month First Minister Nicola Sturgeon called for plans to close further call centres to be suspended until a new area control-room was fully operational.
The HSE said it has not yet been approached to carry out any investigation.
Concerns have been raised over the operation of police call centres following the creation of the national force and a programme of cuts with 1,500 jobs lost.
Cases under HSE law south of the Border have been raised when members of the public and police staff have been alleged to have been put at risk.
In 2007 the Metropolitan Police force was found guilty of endangering the public over the fatal shooting of a man officers mistook for a suicide bomber.
The force broke health and safety laws when officers pursued Brazilian Jean Charles de Menezes to a Tube station and shot him seven times, a jury found.
It was fined £175,000 with £385,000 costs over the 2005 shooting.
The Crown Office will decide whether a prosecution should be pursued.
A spokesman for the Pirc said: "The investigation into the circumstances surrounding the deaths of John Yuill, 28, and Lamara Bell, 25, is currently ongoing.
"When this inquiry is concluded the findings will be passed to the Crown Office for their consideration."
A Crown Office spokesman: "It would not be appropriate to comment during a live investigation and the Crown does not comment on speculation."
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