The Solicitor General for Scotland has responded to the request from the chair of the Sheku Bayoh Inquiry to provide undertakings on the use of evidence heard by the inquiry in any potential future prosecutions.
The inquiry asked that the Crown give undertakings to 12 named police officers that it would not use against them evidence which they provided to the Inquiry in any future prosecution arising out of the events in which Mr Bayoh died, and the post-incident management.
Solicitor General Ruth Charteris QC said: “I respect the request from the Inquiry and the views of the core participants in relation to this.
"Prosecutors must consider all cases on their individual facts and circumstances and act in the public interest.
“I have considered all the information available to me, and I am not currently satisfied that it is in the public interest to grant the undertakings.
“It is not known if officers will invoke their right to claim privilege against self-incrimination.
"Nor is it known what impact any such claim would have on the totality of the evidence available to the Inquiry.
“I will give individual consideration to any future request for an undertaking should it become clear that the Inquiry will be prevented from fulfilling its Terms of Reference.”
This decision has been communicated to the inquiry and to the solicitors of the family of Mr Bayoh and of the officers involved.
The Crown has reserved its right to prosecute in all matters related to this case.
A copy of the full letter can be read here: Solicitor General's letter to the Chair of the Sheku Bayoh inquiry