INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS ANDREW TANT [2009] ScotSC 177 (04 December 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS ANDREW TANT [2009] ScotSC 177 (04 December 2009)

Thomas Andrew Tant died from combined methadone and nefopam toxicity while in custody. There were no reasonable precautions whereby his death might have been avoided, nor defects in any system of working which contributed to his death. The Scottish Prison Service's medication policy contained appropriate safeguards, and no further recommendations were warranted based on the evidence.

Citation
[2009] ScotSC 177
Parties
Deceased: Thomas Andrew Tant; Procurator Fiscal Depute (for the Crown): Mr Drugan; Solicitor (for Scottish Prison Service): Mr McHugh
Jurisdiction
Scotland
Judgment Date
04 December 2009
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
No recommendations; death determined to be from combined methadone and nefopam toxicity in custody, with no reasonable precautions or defects identified.
Legal Topics
Death in Custody, Medication Management in Prisons, Toxicity of Prescription Drugs, Prisoner Health and Safety, Fatal Accident Inquiry Procedure
Prison Law Public Health Law Coroners and Inquests Death in Custody Medication Management in Prisons Toxicity of Prescription Drugs Prisoner Health and Safety Fatal Accident Inquiry Procedure

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Parties

Thomas Andrew Tant

Deceased

Mr Drugan

Procurator Fiscal Depute (for the Crown)

Mr McHugh

Solicitor (for Scottish Prison Service)

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 What were the circumstances and cause of Thomas Andrew Tant's death in custody?
  2. 2 Were there reasonable precautions whereby his death might have been avoided?
  3. 3 Were there defects in any system of working which contributed to his death?

Ratio Decidendi

Thomas Andrew Tant died from combined methadone and nefopam toxicity while in custody. There were no reasonable precautions whereby his death might have been avoided, nor defects in any system of working which contributed to his death. The Scottish Prison Service's medication policy contained appropriate safeguards, and no further recommendations were warranted based on the evidence.

Court Disposition

No recommendations; death determined to be from combined methadone and nefopam toxicity in custody, with no reasonable precautions or defects identified.