Neil Dempster Reilly
Determination PDF ↗ Scottish Courts FAI page ↗ Response tracker Statistics By year
Recommendations
Recommendations (the sheriff's words)[29] I summarise the following matters which I suggest require further consideration:- (a) that consideration be given to adjusting the current guidelines and training as to the care of drunk and incapable prisoners so as to emphasise the risks to prisoners and that training emphasises the importance of the level of consciousness of the person. (b) that consideration be given to extending such training both to patrol officers and turnkey officers. (c) that consideration be given to the use of breathalyser machines to assist in determining the level of intoxication of very drunk prisoners. (d) that custody sergeants be specifically instructed that a prisoner cannot be admitted to custody outwith their presence and without their approval or that there be established a system whereby custody sergeants can summon assistance if they are unable to attend. (e) that consideration be given to reviewing an extension to the availability of "designated places" under Section 16 of the Criminal Procedure (Scotland) Act 1995 and/or the care and welfare of persons found in an intoxicated state.
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.