INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CHRISTIAN DOUGLAS MCINTOSH [2013] ScotSC 41 (07 June 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF CHRISTIAN DOUGLAS MCINTOSH [2013] ScotSC 41 (07 June 2013)

There were no reasonable precautions whereby the death might have been avoided, nor were there defects in the system of working at HMP Barlinnie which contributed to the death. The information about the suicide threat was assessed by a trained officer who made a judgment not to trigger the ACT 2 CARE procedure, and this was within the scope of his training and the established procedures. The date of the relevant telephone call was 26 November 2009, not immediately before the death, and thus no causal link was established between the handling of the information and the death. However, the lack of formal requirements to record and communicate such information was identified as a relevant fact.

Citation
[2013] ScotSC 41
Parties
Deceased: Christian Douglas McIntosh; Interested Party: Scottish Prison Service; Prosecutor: Crown
Jurisdiction
Scotland
Judgment Date
07 June 2013
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Formal determination of circumstances of death; recommendations issued under section 6(1)(e)
Legal Topics
Death in Custody, Suicide Prevention in Prisons, Risk Assessment Procedures, Record Keeping Obligations, Prisoner Welfare
Prison Law Public Law Human Rights Death in Custody Suicide Prevention in Prisons Risk Assessment Procedures Record Keeping Obligations Prisoner Welfare

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Parties

Christian Douglas McIntosh

Deceased

Scottish Prison Service

Interested Party

Crown

Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

  1. 1 Whether reasonable precautions could have prevented the death of Christian Douglas McIntosh
  2. 2 Whether defects in the system of working at HMP Barlinnie contributed to the death
  3. 3 Whether relevant facts exist regarding the recording and communication of suicide threats in prison

Ratio Decidendi

There were no reasonable precautions whereby the death might have been avoided, nor were there defects in the system of working at HMP Barlinnie which contributed to the death. The information about the suicide threat was assessed by a trained officer who made a judgment not to trigger the ACT 2 CARE procedure, and this was within the scope of his training and the established procedures. The date of the relevant telephone call was 26 November 2009, not immediately before the death, and thus no causal link was established between the handling of the information and the death. However, the lack of formal requirements to record and communicate such information was identified as a relevant fact.

Court Disposition

Formal determination of circumstances of death; recommendations issued under section 6(1)(e)

Orders

  • No formal findings under section 6(1)(c) or (d) of the Act
  • Recommendations to Scottish Prison Service to review procedures for recording and communicating suicide threats