Scotland: Fatal Accident Inquiry

Jay Alexander Boyd

Reference [2024] FAI 21 Published 16 May 2024 Sheriff Sheriff Craig Harris Sheriffdom Tayside, Central and Fife Date of death 20 June 2020 Location cell H2/02 within Harviestoun Hall of that prison Cause of death 1a. Multidrug toxicity. Section 28 responses identified 1 8-week deadline 11 July 2024

Recommendations

Recommendations (the sheriff's words)

The sheriff, in terms of section 26(1)(b) of the Act, and having regard to the matters mentioned in section 26(4) of the Act, recommends that: (1) The Scottish Prison Service should review the Standard Operation Procedure: Prisoner Numbers Checks - Completing & Recording (reference number SOP 403) for HMP Glenochil to align the language contained within it to that contained within the Scottish Prison Service’s Governors and Managers: Action (GMA 016A/16) notice.

Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The 8-week window is counted from the publication date. See how we track responses. Go to the section 28 responses.

Section 28 responses 1

Overall status, as assessed by this site: Response(s) published

Unnamed respondent

· Source ↗

Response (the responding body's words)
The Scottish Prison Service (SPS), being a body to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.
Recommendation 1
– “The Scottish Prison Service should review the Standard Operation Procedure: Prisoner Numbers Checks – Completing & Recording (reference number SOP 403) for HMP Glenochil to align the language contained within it to that contained within the Scottish Prison Service’s Governors and Managers: Action (GMA 016A/16) notice.”
Response
– SPS have reviewed and updated the Standard Operating Procedure: Prisoner Numbers Checks – Completing & Recording (reference number SOP 403) for HMP Glenochil to state that “the first Officer will physically unlock each door, seeing the face and gaining a verbal response from the occupant within.” This now aligns with the wording contained within the Scottish Prison Service’s Governors and Managers Action (GMA 016A/16) which states that “appropriate steps should be taken to see the face of, and get a verbal response from all prisoners during all lock up and unlocking periods.”
You may also wish to note that SPS have now implemented an online learning package for all frontline operational staff which has been incorporated into the yearly Control and Restraint training. This went live in March 2024. This learning package covers the necessity of adhering to the SPS locking and unlocking procedures to ensure that all officers will take appropriate steps to see the face of and get a verbal response from all prisoners.

About Fatal Accident Inquiries

Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b); recipients must respond within 8 weeks under s.28. See the methodology page for detail.

Data: scotcourts.gov.uk.