INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANTHONY JOHN MCEWAN FORMERLY COLL [2012] ScotSC 113 (04 December 2012)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANTHONY JOHN MCEWAN FORMERLY COLL [2012] ScotSC 113 (04 December 2012)

There were no reasonable precautions whereby the death might have been avoided, no defects in any system of working which contributed to the death, and no other relevant facts requiring determination. The cause of death was hanging by self-suspension in custody.

Citation
[2012] ScotSC 113
Parties
Procurator Fiscal Depute for the Crown: Miss K Potter; Interested Party: Prison Officers' Association Scotland; Interested Party: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
04 December 2012
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Formal determination made under section 6 of the 1976 Act: death by hanging, no reasonable precautions or defects identified, no further relevant facts.
Legal Topics
Death in Custody, Prisoner Suicide, Duty of Care, Risk Assessment Procedures
Criminal Law Prison Law Coroners and Inquests Death in Custody Prisoner Suicide Duty of Care Risk Assessment Procedures

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Parties

Miss K Potter

Procurator Fiscal Depute for the Crown

Prison Officers' Association Scotland

Interested Party

Scottish Prison Service

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 Whether there were reasonable precautions whereby the death might have been avoided
  2. 2 Whether there were defects in any system of working which contributed to the death
  3. 3 Whether there were other facts relevant to the circumstances of the death

Ratio Decidendi

There were no reasonable precautions whereby the death might have been avoided, no defects in any system of working which contributed to the death, and no other relevant facts requiring determination. The cause of death was hanging by self-suspension in custody.

Court Disposition

Formal determination made under section 6 of the 1976 Act: death by hanging, no reasonable precautions or defects identified, no further relevant facts.