INQUIRY UNDER THE FATAL ACCIDENTS AND SUDDEN DEATH INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WILLIAM KELLY [2009] ScotSC 147 (21 September 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND SUDDEN DEATH INQUIRY (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF WILLIAM KELLY [2009] ScotSC 147 (21 September 2009)

William Kelly died of sudden unexpected death in epilepsy while in custody. There were no reasonable precautions whereby his death might have been avoided, no defects in any system of working contributed to his death, and there were no other relevant facts.

Source-derived case information.

Citation
[2009] ScotSC 147
Parties
Applicant: Crown; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
21 September 2009
Procedural Posture
Fatal Accident Inquiry / Determination After Inquiry
Outcome
Formal determination of death in custody; no recommendations or criticisms.
Legal Topics
Death in Custody, Epilepsy, Prisoner Health, Fatal Accident Inquiry, Sudden Death
Criminal Law Prison Law Coroners and Inquests Death in Custody Epilepsy Prisoner Health Fatal Accident Inquiry Sudden Death

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Crown

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Fatal Accident Inquiry / Determination After Inquiry

Legal Issues

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

Ratio Decidendi

William Kelly died of sudden unexpected death in epilepsy while in custody. There were no reasonable precautions whereby his death might have been avoided, no defects in any system of working contributed to his death, and there were no other relevant facts.

Court Disposition

Formal determination of death in custody; no recommendations or criticisms.