Scotland: Fatal Accident Inquiry

Thomas James Strain

Reference B914/09 Published 28 September 2010 Sheriff Sheriff Peter G.L. Hammond Sheriffdom North Strathclyde Section 28 responses identified 0 8-week deadline 23 November 2010

Recommendations

Recommendations (the sheriff's words)

I recommend that the wording of the form be changed to read: “The following reports are attached. … (circle/tick as appropriate)…”.

I recommend that staff charged with carrying out risk assessments and case conferences should be instructed to take all reasonable steps to obtain copies of any potentially relevant medical or psychiatric report which is identified in respect of a prisoner.

I recommend that there should be a routine system of review of case conference minutes by management to ensure that items identified in the action plan are in fact carried out.

[115] I recommend that clerks of court be instructed to ensure that any reports accompanying a committal warrant are either securely stapled to it, or put together in a folder or file containing all the documents relevant to each prisoner.

[116] I recommend that there should be a standardised practice whereby court staff contact the prison in advance to alert them when an incoming prisoner will be accompanied by a psychiatric report.

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.