INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF STUART JAMES ROS AND JAMES BELL [2014] ScotSC 12 (04 February 2014)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF STUART JAMES ROS AND JAMES BELL [2014] ScotSC 12 (04 February 2014)

The failure to provide the Prisoner Escort Records (PERs) and additional risk information to admissions and health care staff constituted a defect in the system as envisaged by management, but this defect did not contribute to the deaths of Stuart Rose and James Bell. The risk assessments were reasonable based on the prisoners' presentations, and the deaths could not have been prevented by the missing information. The system has since been improved to ensure proper information transfer.

Citation
[2014] ScotSC 12
Parties
Deceased: Stuart James Rose; Deceased: James Bell; Prosecutor: The Crown; Interested Party: Prison Officers Association Scotland; Interested Party: Scottish Prison Service; Interested Party: Reliance Custodial Services (Scotland); Interested Party: Dr Kay; Interested Party: Mr Khan; Interested Party: Ms Cooper and Ms Boardman; Interested Party: Frank Gibbons; Interested Party: Rhona Hotchkiss
Jurisdiction
Scotland
Judgment Date
04 February 2014
Procedural Posture
Fatal Accident Inquiry / Determination After Conjoined Inquiry
Outcome
No recommendations; formal determination only
Legal Topics
Deaths in Custody, Suicide Prevention, Risk Assessment Procedures, Information Transfer Between Agencies, Prisoner Welfare, Systemic Defects in Prison Administration
Prison Law Public Law Human Rights Deaths in Custody Suicide Prevention Risk Assessment Procedures Information Transfer Between Agencies Prisoner Welfare +1 more

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Parties

Stuart James Rose

Deceased

James Bell

Deceased

The Crown

Prosecutor

Prison Officers Association Scotland

Interested Party

Scottish Prison Service

Interested Party

Reliance Custodial Services (Scotland)

Interested Party

Dr Kay

Interested Party

Mr Khan

Interested Party

Ms Cooper and Ms Boardman

Interested Party

Frank Gibbons

Interested Party

Rhona Hotchkiss

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination After Conjoined Inquiry

Legal Issues

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

Ratio Decidendi

The failure to provide the Prisoner Escort Records (PERs) and additional risk information to admissions and health care staff constituted a defect in the system as envisaged by management, but this defect did not contribute to the deaths of Stuart Rose and James Bell. The risk assessments were reasonable based on the prisoners' presentations, and the deaths could not have been prevented by the missing information. The system has since been improved to ensure proper information transfer.

Court Disposition

No recommendations; formal determination only