What its response is to the Scottish Centre for Crime and Justice Research report, Still Nothing to See Here? One year update on prison dea…

We welcome the one-year update report from the Scottish Centre for Crime and Justice Research (SCCJR) on prison deaths and FAI outcomes in Scotland which will inform work across organisations to prevent deaths in custody and in relation to FAIs.
We are committed to making improvements to the response to, and experiences of, families impacted by a death in custody and to that end we have welcomed the recommendations from the Independent Review of the response to Deaths in Prison Custody and we are working with partners to implement these.
A dedicated Crown Office team was piloted from November 2021 under the umbrella of the Health and Safety Investigation unit to consolidate how we investigate deaths in custody and to make improvements to these processes. During the pilot period, the unit investigated deaths in custody with common underlying themes, namely drug deaths and deaths by suicide. Following a successful Pilot, the Custody Death Unit was established in August 2022 with a remit to investigate all deaths in legal custody occurring in Scotland after that date. It is anticipated that this holistic approach will streamline the approach to investigations resulting overall in a reduction to the journey time of cases whilst still ensuring a robust and through investigation. In addition, it is anticipated that the streamlined approach will allow for accelerated processes for particular categories of death and greater scope for conjoining FAIs which will further reduce the time taken to conclude these investigations.
Preventing suicide and supporting people who self-harm are key areas of focus for the Scottish Prison Service in developing its Health and Wellbeing Strategy. The Prevention of Suicide in Prison Strategy aims to care for those ‘at risk’ of suicide by providing a person-centred care pathway based on an individual’s needs, strengths and assets and by promoting a supportive environment where people in SPS custody can ask for help.
In September, the Scottish Government and COSLA published Creating Hope Together
- a new long term suicide prevention strategy for Scotland. Our vision is to reduce the number of suicide deaths in Scotland, whilst tackling the inequalities which contribute to suicide. The strategy sets out a new approach to reducing suicide in Scotland, targeting key settings where suicide risk is higher, such as prisons. We are now implementing the strategy and are working with partners across the criminal justice system.
In terms of the findings relating to Fatal Accident Inquiries, the Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. These functions are exercised independently of government. Whether or not a recommendation is made at the end of an inquiry is a matter for the presiding Sheriff who has listened to all the evidence.
We keep matters in relation to FAIs and deaths in custody under review in consultation with the Crown Office and continually consider and evaluate whether there are ways in which the system can be improved further.
COPFS is committed to reducing the timescale for commencing FAIs, including those arising from deaths in custody, whilst ensuring that the circumstances surrounding each death are thoroughly investigated. COPFS has introduced a number of measures since the implementation of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to reduce the average time taken to complete FAIs.