death in custody

Fatal Accident Inquiry - Allan Marshall (HMP Edinburgh)

On 9 August 2019 a Fatal Accident Inquiry report into the death of Allan Stewart Marshall was published. It concluded that the cause of the accident that led to Allan Marshall's death was the continual physical restraint and forceful resistance of this restraint. The incident occured at HMP Edinburgh's Segregation and Reintegration Unit on 24 March 2015, whilst he was suffering from an episode of Excited Delirium Syndrome. The inquiry found that there were a number of precautions which could reasonably have been taken, and which had they been taken, might realistically have prevented his death. It highlighted system failures; training failures; defects in systems of working; unclear chains of command and responsibility; and credibility and reliability issues with many of the prison officer witnesses. Following its publication, questions were raised about the decision taken not to instigate criminal proceedings and to grant immunity to the SPS officers involved. It was also reported that SPS took court action to prevent the publication of CCTV images of the incident, which contradicted evidence given during the inquiry.

FAI - Allan Marshall

Scottish Government response to FAI

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