Tag: deaths in custody

Fatal Accident Inquiry Review

Scottish Government pledges to improve system following deaths in custody

Action to reform the Fatal Accident Inquiry system relating to deaths in custody will be taken following an independent review.

The review was commissioned by Justice Secretary Angela Constance, in consultation with the Lord Advocate, to examine how to improve the efficiency and effectiveness of investigations into deaths in custody and ensure those affected are treated in a trauma-informed way.

Retired Sheriff Principal Ian Abercrombie KC, who chaired the review, has now published his report. It contains 34 recommendations aimed at improving the process, timescales and communication of Fatal Accident Inquiries held in response to a death in custody.

Many of the review’s recommendations will require collaboration and legislative change, and the Scottish Government will set up a multi-agency working group to drive forward action, which will include the Scottish Prison Service, Police Scotland, the Crown Office and Procurator Fiscal Service, and other key partners.

Ms Constance said: “I am very grateful to Sheriff Principal Abercrombie and the advisory group for this forthright review. Their report’s thorough and wide-ranging recommendations set out the evident need to improve the Fatal Accident Inquiry system.

“The message from families who gave evidence to the review is clear, they feel let down and their experience of the system has added to their grief.

“This needs to change and families who have lost loved ones in custody cannot wait for a lengthy process to conclude before they see improvement.

“Responsibility for acting on the recommendations sits with a range of justice partners, which is why I am setting up a multi-agency group to drive forward reforms.

“The group will consider the review’s recommendations and develop a shared action plan to improve the system of fatal accident inquiries for deaths in custody, with an emphasis on implementing reform as a priority.”

Fatal Accident Inquiry support for families

Immediate access to non-means tested legal aid

Family members involved in deaths in custody Fatal Accident Inquiries (FAI) are to have immediate, free access to legal aid support and advice.

Justice Secretary Angela Constance confirmed that she is using existing Ministerial powers to remove means-testing for legal aid in such cases, so that from 7 April families will not have to provide information on their income.

Ms Constance announced the move as she updated the Scottish Parliament on a range of actions to address systemic failures identified by Sheriff Collins in his FAI determination relating to the deaths of Katie Allan and William Lindsay (also known as William Brown) at HM Prison & Young Offenders Institution Polmont.

This followed the Justice Secretary’s previous statement to Parliament on the issue in January this year.

All of the Sheriff’s 25 recommendations have been accepted and work on these will be delivered at pace and progress will be closely monitored.

Ms Constance outlined the measures being implemented, which include:

•           The Scottish Prison Service (SPS) has initiated a dedicated operational taskforce, chaired by the SPS Chief Executive, and involving NHS partners, to ensure all of the recommendations are actioned.

•           His Majesty’s Chief Inspector of Prisons for Scotland will provide the Justice Secretary with an initial report by the summer on how the implementation of Sheriff Collins’ FAI recommendations will be independently reviewed.

•           The Scottish Prison Service is overhauling its Suicide Prevention Strategy ‘Talk to Me’ across the prison estate. The strategy will be published at the end of this year, with a full training package to be rolled out in 2026.

•           In consultation with the Lord Advocate, an independent review of the FAI system has been commissioned to focus on improving the efficiency, effectiveness, and trauma-informed nature of investigations into deaths in prison custody. The appointment of a Chair is expected to be announced shortly.

Ms Constance said: “I was grateful to have had the opportunity to again meet with the families of William Lindsay and Katie Allan today and extend my deepest condolences to them, as I do to all those affected by a death in custody.

“It is through ongoing and decisive action that we will create the lasting change they rightly demand and deserve. We have made substantial progress since my January statement to Parliament.

“We will continue to drive forward change and strengthen accountability. This is about changing the system and the culture that underpins it.”