Prison Deaths

Any death in custody is a tragedy. As I set out in Parliament during portfolio questions last week, the Scottish Government takes very seriously the issue of deaths in custody.

We have commissioned an independent review of how deaths in custody are handled. As I indicated in response to a question from Pauline McNeill last week, we will consider carefully any recommendations that the independent review makes when it reports this year, whether those relate to improving the safety of prisoners or how deaths in custody are responded to.

As Liam McArthur knows, deaths in custody are subject to a mandatory fatal accident inquiry unless the circumstances of the death have been explained through a criminal trial or other inquiry. The presiding sheriff will consider the evidence led by all parties and determine whether any reasonable precautions were identified that might have resulted in the death being avoided, or whether there were any defects in any system of working that contributed to the death. If no matters are identified at the inquiry that might realistically prevent other deaths in similar circumstances, there will be no basis for the sheriff to make any recommendations.

In 2020-21, 61 fatal accident inquiries were held, including FAIs relating to a death in custody. Eighteen recommendations were made in eight of the inquiries that were held. Where recommendations are made, the priority is to ensure that they are acted on.

As Liam McArthur knows, the fatal accident inquiry system that we now have was debated and agreed in 2016. It was subsequently considered by the Justice Committee, which looked at the issues in depth and did not recommend, for example, the introduction of mandatory time limits for fatal accident inquiries.

However, we can always look to improve the situation. We have allocated new funding to the law officers to ensure that, when they are held, FAIs can be conducted more quickly. Liam McArthur will also know that, often, other inquiries must take place prior to an FAI taking place.

We will look to make any further improvements that we can. For my part, I am more than willing to listen to any representations that are made by the Criminal Justice Committee. In the meantime, we believe that the FAI system is one that works, albeit that we should always seek to improve it.

I have just said that I believe that more has to be done. I also mentioned that additional resources were made available, and we have seen reductions in the length of inquiries. There has also been an increase in the number of inquiries over recent years. As that happens, pressures can build up, and it is up to the Scottish Government to ensure that we look at the matter afresh. However, it is not only down to the Scottish Government—we have to listen to what parliamentary committees such as the Justice Committee, which examined the issues in depth, have to say.

We will continue to seriously consider the issue, because we know the heartbreak that it can cause—Liam McArthur mentioned some of the people concerned—when a system is delayed, albeit that the delays might be for legitimate purposes.

As I understand it, members of Jamie Greene’s party did not support that position back in 2016, when the matter was previously discussed. Maybe there is a reason why they have changed their view, and I am happy to listen to any representations on the issue. However, Jamie Greene will also know—[Interruption.] If I could just finish before Mr Kerr starts shouting from a sedentary position, as he does on a regular basis.

Of course, it is the case that the—[Interruption.] It is the case that fatal accident inquiries are conducted by the Lord Advocate, independently of the Scottish Government. I am not aware that other parties, including the Conservative Party, want to change that. If they wish to do so, they can make such a proposal.

Where the system is not working as effectively as it could be, we and the law officers want to do all that we can to ensure that things are done as timeously as possible. We have seen improvements in recent years, partly due to the resources that have been allocated to the system.

If there are other suggestions, we should keep an open mind.