DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF ROBERT MONTGOMERY [2012] ScotSC 54 (25 April 2012)

DETERMINATION UNDER THE FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 INTO THE DEATH OF ROBERT MONTGOMERY [2012] ScotSC 54 (25 April 2012)

Robert Montgomery, a prisoner in Peterhead Prison, died of carcinoma of the lungs at Peterhead Community Hospital on 4th May 2011 while serving a sentence. The inquiry was held to determine the cause and circumstances of his death as required by statute.

Citation
[2012] ScotSC 54
Parties
Procurator Fiscal (petitioner): Mr A Fay; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
25 April 2012
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Determination issued; death found to be due to natural causes (carcinoma of the lungs) while in custody.
Legal Topics
Fatal Accident Inquiry, Death in Custody, Prisoner Death
Criminal Law Prison Law Public Law Fatal Accident Inquiry Death in Custody Prisoner Death

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Parties

Mr A Fay

Procurator Fiscal (petitioner)

Scottish Prison Service

Respondent

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Cause of death of Robert Montgomery while in custody
  2. 2 Circumstances surrounding the death in prison

Ratio Decidendi

Robert Montgomery, a prisoner in Peterhead Prison, died of carcinoma of the lungs at Peterhead Community Hospital on 4th May 2011 while serving a sentence. The inquiry was held to determine the cause and circumstances of his death as required by statute.

Court Disposition

Determination issued; death found to be due to natural causes (carcinoma of the lungs) while in custody.