Fatal Accident Inquiries into 97 Deaths Over Five Years in Scottish Prison Custody: Long Elapsed Times and Recommendations

Abstract

Abstract: In March 2005, The Herald newspaper reported the findings of a fatal accident inquiry into JCB's death in a Scottish prison on 11 January 2002. Statistically, how exceptional was an elapsed time of 38 months? Freedom of Information requests yielded answers for 97 deaths over five years in Scottish prison custody. Written determinations were made in 42/97 fatal accident inquiries: waiting for dissemination took more than 90 days (10) or from death to dissemination more than 455 days (10) for nearly a third (13/42). Three written determinations identified precautions that might have prevented the prisoner's death. From death to end of inquiry took over a year for 21 inquiries, eight of which made only formal findings. Long elapsed times, prisoner's young age or exceptional cause of death suggested three epidemiological rules for helping lawyers in selecting past inquiries for scrutiny, and sheriffs in deciding to make a written determination. Missed suicide watches featured in four determinations but stringency of judgment differed.