The inquiry was a mandatory inquiry since the death of Mr Lothian occurred while he was in legal custody.
DETERMINATION INTO THE DEATH OF WILLIAM LOTHIAN
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 Lothian’s death.
The Sheriff’s Determination made several recommendations in relation to the SPS reception process.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:
“We note and welcome the Sheriff’s determination.
“The Procurator Fiscal ensured that the full facts and circumstances of Mr Lothian’s death were led in evidence at the mandatory Fatal Accident Inquiry.”
Additional information
The Crown Office & Procurator Fiscal Service has established a team of specialist lawyers dedicated to investigating deaths in legal custody.
The creation of the Custody Deaths Unit (CDU) was announced by the Lord Advocate in her evidence to the Justice Committee in late 2021.
CDU was setup as part of reforms designed to reduce the time it takes to investigate deaths, improve the quality of such investigations, and improve communication with bereaved families.
For more information on Fatal Accident Inquiries see the Crown’s guide.