Anthony McCarthy died in his cell in HMP Kilmarnock on 28 September 2020.
Mr McCarthy was in legal custody at the time of his death and in the care of the state. As such his death had to be investigated by the Crown Office and Procurator Fiscal Service and a Fatal Accident Inquiry was mandatory.
DETERMINATION INTO THE DEATH OF ANTHONY MCCARTHY
The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances.
Unlike a criminal trial, a Fatal Accident Inquiry (FAI) seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The Procurator Fiscal, who acts in the public interest in such Inquiry, led evidence on the facts and circumstances of Mr McCarthy's death.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:
“We note the Sheriff’s determination.
“The Procurator Fiscal ensured that the full facts and circumstances of Mr McCarthy’s death were led in evidence at the mandatory Fatal Accident Inquiry. "
Further information
For more information on Fatal Accident Inquiries see the Crown’s guide.