INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF SHARON HARKIN [2013] ScotSC 30 (03 April 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF SHARON HARKIN [2013] ScotSC 30 (03 April 2013)

The evidence did not support a finding that there was a lack of urgency or delay in the management of Sharon Harkin's symptoms between 20 November and 2 December 2009, nor that handcuffing at the time of death was a relevant circumstance warranting comment or recommendation. No act or omission contributed to or...

Source-derived case information.

Citation
[2013] ScotSC 30
Parties
Deceased: Sharon Harkin; Prosecutor: Crown; Interested Party (brother): Paul Harkin; Interested Party: Forth Valley Health Board; Interested Party: Dr. Craig Sayers; Interested Party: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
03 April 2013
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No findings under section 6(1)(c), (d), or (e); death due to natural causes while in custody; no recommendations made.
Legal Topics
Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976, Death in Custody, Medical Negligence, Prisoner Rights
Public Law Prison Law Medical Law Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976 Death in Custody Medical Negligence Prisoner Rights

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Parties

Sharon Harkin

Deceased

Crown

Prosecutor

Paul Harkin

Interested Party (brother)

Forth Valley Health Board

Interested Party

Dr. Craig Sayers

Interested Party

Scottish Prison Service

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether there was any act or omission that contributed to or could have prevented the death of Sharon Harkin while in custody
  2. 2 Whether any relevant facts under section 6(1)(e) of the 1976 Act should be found regarding delay in medical referral or handcuffing at death

Ratio Decidendi

The evidence did not support a finding that there was a lack of urgency or delay in the management of Sharon Harkin's symptoms between 20 November and 2 December 2009, nor that handcuffing at the time of death was a relevant circumstance warranting comment or recommendation. No act or omission contributed to or could have prevented the death, which was due to complications of peritonitis and sepsis from metastatic colon cancer.

Court Disposition

No findings under section 6(1)(c), (d), or (e); death due to natural causes while in custody; no recommendations made.