DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF LESLIE JOHN MITCHELL [2010] ScotSC 62 (25 March 2010)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF LESLIE JOHN MITCHELL [2010] ScotSC 62 (25 March 2010)

The cause of Leslie John Mitchell's death is unascertained. The actions of police and ambulance personnel were appropriate and in accordance with procedures. There were no reasonable precautions or defects in the system of work that, on the balance of probabilities, would have avoided the death. The decision to place Mr Mitchell on the floor of the cell van was consistent with accepted practice at the time and cannot be criticised. The subsequent directive requiring constant observation of prisoners in cell vans is appropriate but would not have altered the outcome in this case.

Citation
[2010] ScotSC 62
Parties
Applicant: Procurator Fiscal; Interested Party: Relatives of Leslie John Mitchell; Interested Party: Chief Constable of Strathclyde Police
Jurisdiction
Scotland
Judgment Date
25 March 2010
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Death found to be unascertained; no criticism of police or ambulance actions; no reasonable precautions or defects identified.
Legal Topics
Death in Custody, Police Procedures, Cause of Death, Reasonable Precautions, System of Work Defects
Coronial Law Police Law Public Law Death in Custody Police Procedures Cause of Death Reasonable Precautions System of Work Defects

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Parties

Procurator Fiscal

Applicant

Relatives of Leslie John Mitchell

Interested Party

Chief Constable of Strathclyde Police

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 What was the cause of Leslie John Mitchell's death?
  2. 2 Were there reasonable precautions whereby the death might have been avoided?
  3. 3 Did any defect in the system of working contribute to the death?

Ratio Decidendi

The cause of Leslie John Mitchell's death is unascertained. The actions of police and ambulance personnel were appropriate and in accordance with procedures. There were no reasonable precautions or defects in the system of work that, on the balance of probabilities, would have avoided the death. The decision to place Mr Mitchell on the floor of the cell van was consistent with accepted practice at the time and cannot be criticised. The subsequent directive requiring constant observation of prisoners in cell vans is appropriate but would not have altered the outcome in this case.

Court Disposition

Death found to be unascertained; no criticism of police or ambulance actions; no reasonable precautions or defects identified.