Source · Scotland · Fatal Accident Inquiry

Gary Ross

Scotland · FAI Custody Reference: [2023] FAI 35 Published: 4 Jul 2023 Sheriff: Sheriff John A MacRitchie SSC Sheriffdom: Tayside Central and Fife View PDF
Court recommendations Identified
Responses identified 1
8-week deadline 29 Aug 2023
Section 28 status Response(s) published

Recommendations

Addressed to
SPS
In terms of subsection (1)(b) of section 26 of the Act, it is recommended that the SPS improve their system of working by making further provision for ongoing refresher training courses for residential officers at regular intervals, to continually ensure that all such officers remain fully cognisant of and appreciative of the necessity of strictly adhering to the said Lock-up Procedures, doing so across the entire prison estate and not just as local reactions to individual deaths, which improvement might realistically prevent other deaths in similar circumstances.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks. The window from publication ran to 29 August 2023. See how we track responses.

Section 28 responses

Response(s) published
Scottish Prison Service (SPS) Prison / Probation

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 – “That the SPS improve their system of working by making further provision for ongoing refresher training courses for residential officers at regular intervals, to continually ensure …

View full response
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
– “That the SPS improve their system of working by making further provision for ongoing refresher training courses for residential officers at regular intervals, to continually ensure that all such officers remain fully cognisant of and appreciative of the necessity of strictly adhering to the said Lock-up Procedures, doing so across the entire prison estate and not just as local reactions to individual deaths, which improvement might realistically prevent other deaths in similar circumstances.”
Response
– SPS will incorporate into Prisoner Officers annual C&R refresher training course, a new section training on the necessity of adhering to SPS locking and unlocking procedures to ensure that appropriate steps are taken by Prison Officers to see the face of, and get a verbal response from all prisoners during these procedures.

Determination details

Reference
[2023] FAI 35
Published
4 July 2023
Sheriff
Sheriff John A MacRitchie SSC
Sheriffdom
Tayside Central and Fife
Cause of death
Etizolam and buprenorphine consumption

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About FAIs

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.

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