Death investigations

FAI court process begins for man who died in HMP Barlinnie

The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice to begin the court process for a Fatal Accident Inquiry into the death of Michael Charlton. 

Michael Charlton, 58, was found dead in his cell within HMP Barlinnie in the late afternoon of 28 October 2019. 

Mr Charlton was in legal custody and in the care of the state at the time of his death.  

The Crown Office and Procurator Fiscal Service is obliged to investigate such deaths, and a Fatal Accident Inquiry is mandatory.   

A Preliminary Hearing will be held on 19 December 2024 at Glasgow 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.   

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 Michael Charlton 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.”