INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANGUS MACDONALD MALONE [2009] ScotSC 154 (14 October 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ANGUS MACDONALD MALONE [2009] ScotSC 154 (14 October 2009)

Angus MacDonald Malone died in police custody due to the adverse effects of morphine and diazepam, which he brought into custody and self-administered. The death might have been avoided by thorough strip searches, immediate medical examination upon claims of drug concealment, and proper search of his cell. Defects in the system of working, including poor communication, inadequate recording, unclear protocols for medical intervention, insufficient training, and understaffing, contributed to the death.

Citation
[2009] ScotSC 154
Parties
Deceased: Angus MacDonald Malone; Respondent: Fife Constabulary; Prosecutor: Procurator Fiscal
Jurisdiction
Scotland
Judgment Date
14 October 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death in custody due to adverse effects of morphine and diazepam; reasonable precautions not taken; defects in system of working contributed to death.
Legal Topics
Death in Custody, Drug Overdose, Police Duty of Care, Systemic Failures in Custody, Medical Care in Detention
Criminal Law Custody Law Police Procedure Death in Custody Drug Overdose Police Duty of Care Systemic Failures in Custody Medical Care in Detention

Case Brief

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Angus MacDonald Malone

Deceased

Fife Constabulary

Respondent

Procurator Fiscal

Prosecutor

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What were the circumstances of Angus MacDonald Malone's death in police custody?
  2. 2 What were the reasonable precautions whereby the death might have been avoided?
  3. 3 Were there defects in the system of working which contributed to the death?

Ratio Decidendi

Angus MacDonald Malone died in police custody due to the adverse effects of morphine and diazepam, which he brought into custody and self-administered. The death might have been avoided by thorough strip searches, immediate medical examination upon claims of drug concealment, and proper search of his cell. Defects in the system of working, including poor communication, inadequate recording, unclear protocols for medical intervention, insufficient training, and understaffing, contributed to the death.

Court Disposition

Death in custody due to adverse effects of morphine and diazepam; reasonable precautions not taken; defects in system of working contributed to death.

Orders

  • No specific orders issued; findings and recommendations made regarding custody procedures, training, and medical protocols.