Scotland: Fatal Accident Inquiry

Colin Donald Penrose

Reference B2127/16 Published 11 October 2017 Sheriff Sheriff Principal C D Turnbull Sheriffdom Glasgow and Strathkelvin Section 28 responses identified 0 8-week deadline 6 December 2017

Recommendations

Recommendations (the sheriff's words)

Having regard to the conflicting views amongst SPS employees as to what constitutes bullying, and to remove any question of judgement in the recording of incidents of violence against prisoners other than the assailant’s cell mate, I recommend that SPS revise their cell sharing risk assessment to include as a marker “violence against another prisoner” (that as a category separate from the existing “violence against cell mate”).

Rather I recommend that SPS commence the review spoken to in evidence by Mr Breslin as soon as reasonably practicable (if they have not already done so); and give effect to the recommendations of that review as soon as reasonably practicable thereafter.

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.

Section 28 responses

Overall status, as assessed by this site: Response pending

No response has been identified on the case landing page yet. The 8-week window has closed without a published response or non-response notice.

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.