Stuart Govan, 59, an inmate within HMP Edinburgh, died on 25 July 2021 from a fatal drug overdose.
Mr Govan was in legal custody and in the care of the state at the time of his death. That means that his death had to be investigated by the Crown Office and Procurator Fiscal Service and a Fatal Accident Inquiry is mandatory.
A Preliminary Hearing will be held on 25 November 2024 at Edinburgh Sheriff Court.
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.
It is anticipated the focus of the FAI will be on the availability of illegal drugs in HMP Edinburgh and the actions and response to the emergency.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:
“The Lord Advocate considers that the death of Stuart Govan occurred while in legal custody and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.”