Scotland · FAIReference: DUN-B140-19Published: 6 Dec 2019Sheriff: Sheriff Alastair CarmichaelSheriffdom: Tayside, Central and Fife View PDF
Court recommendationsIdentified
Responses identified1
8-week deadline31 Jan 2020
Section 28 statusResponse(s) published
Recommendations
(1) The welfare of prisoners has to be the priority for custody staff. The other duties that are covered by those staff, such as preparing prisoners for release, dilutes their ability to focus on the priority that is the prisoners’ welfare. The Police Service of Scotland should review the staffing levels in the custody suite as well as the arrangements for deciding whether extra cover is required for the suite. (2) Evidence was led that the SOP version 3 instruction to officers at paragraph 13.5.2 that a medical assessment should be sought if there is no visible improvement in a prisoner after 4 hours has not been repeated in SOP version 13. This should be reviewed. The PCSOs and custody staff are not medical professionals and cannot be expected to view prisoners from a medical perspective. It may well be that the 4 hour period was arbitrary. If a prisoner is assessed as vulnerable due to intoxication then some proactive system to monitor his or her progress may assist custody staff in looking after that prisoner’s welfare. (3) The cell sheet that was in use at the time of Mr Hutton’s death did not have a separate column to show whether a prisoner had had food or water. Dehydration can be dangerous and can exacerbate other already existing conditions. A format that makes it immediately obvious to the reader what water and food a prisoner has, or has not, consumed may assist custody staff in looking after the welfare of that prisoner. The Police Service of Scotland should review the cell sheet and consider whether a separate column to show food and drink intake would be of benefit.
Under section 28 of the 2016 Act, each recipient of a recommendation must respond within 8 weeks.
The window from publication ran to 31 January 2020.
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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.