INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT SHREENAN [2011] ScotSC 83 (18 April 2011)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ROBERT SHREENAN [2011] ScotSC 83 (18 April 2011)

The death of Robert Shreenan was caused by plastic bag asphyxia after he deliberately concealed and used a plastic bag given to him by Reliance Custodial Services. Reasonable precautions whereby the death might have been avoided were: retrieval of the plastic bag from Mr Shreenan by Reliance officers, and informing Clydebank custody officers that the bag had not been retrieved. There were no defects in the system of working, only in its application, and no other relevant facts requiring recommendations.

Citation
[2011] ScotSC 83
Parties
Deceased: Robert Shreenan; Crown: Ms S McDermid; Representative for Deceased's Mother: Ms L Bain; Strathclyde Police: Ms C Martin; Reliance Custodial Services: Mr D Batchelor
Jurisdiction
Scotland
Judgment Date
18 April 2011
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination issued; no recommendations made.
Legal Topics
Death in Custody, Suicide, Search Procedures, Prisoner Transport, Custodial Care, Systemic Precautions
Criminal Law Public Law Prisoner Welfare Death in Custody Suicide Search Procedures Prisoner Transport Custodial Care +1 more

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Parties

Robert Shreenan

Deceased

Ms S McDermid

Crown

Ms L Bain

Representative for Deceased's Mother

Ms C Martin

Strathclyde Police

Mr D Batchelor

Reliance Custodial Services

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the circumstances of Robert Shreenan'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

The death of Robert Shreenan was caused by plastic bag asphyxia after he deliberately concealed and used a plastic bag given to him by Reliance Custodial Services. Reasonable precautions whereby the death might have been avoided were: retrieval of the plastic bag from Mr Shreenan by Reliance officers, and informing Clydebank custody officers that the bag had not been retrieved. There were no defects in the system of working, only in its application, and no other relevant facts requiring recommendations.

Court Disposition

Determination issued; no recommendations made.

Orders

  • Death occurred between 18:15 and 18:45 hours on 14 July 2008 in Cell 17, Clydebank Police Office.
  • Cause of death was plastic bag asphyxia.