INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1975 [2009] ScotSC 128 (24 July 2009)

INQUIRY UNDER THE FATAL ACCIDENT AND INQUIRIES (SCOTLAND) ACT 1975 [2009] ScotSC 128 (24 July 2009)

There were no reasonable precautions which could have been taken but were not whereby the death of Mark Dixon could have been avoided. The ACT2 Care System was properly implemented and there was no defect in the system or its operation that contributed to the death.

Source-derived case information.

Citation
[2009] ScotSC 128
Parties
Deceased: Mark Dixon; Respondent: Scottish Prison Service; Respondent: Prison staff (including Prison Officer Rait, Mr David Stewart, Dr Gamba); Interested Party: Family of Mark Dixon; Interested Party: Mrs Martin-Brown
Jurisdiction
Scotland
Judgment Date
24 July 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
No defect in the system or its implementation contributed to the death; no reasonable precautions could have prevented the death.
Legal Topics
Prisoner Suicide, Duty of Care, Prisoner Monitoring, ACT2 Care System, Reasonable Precautions, Prison Procedures
Prison Law Coroners and Fatal Accident Inquiries Human Rights Prisoner Suicide Duty of Care Prisoner Monitoring ACT2 Care System Reasonable Precautions +1 more

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Parties

Mark Dixon

Deceased

Scottish Prison Service

Respondent

Prison staff (including Prison Officer Rait, Mr David Stewart, Dr Gamba)

Respondent

Family of Mark Dixon

Interested Party

Mrs Martin-Brown

Interested Party

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Whether there were reasonable precautions that could have prevented the death of Mark Dixon
  2. 2 Whether there were defects in the ACT2 Care System or its implementation that contributed to the death
  3. 3 Whether prison staff fulfilled their duty of care to Mark Dixon

Ratio Decidendi

There were no reasonable precautions which could have been taken but were not whereby the death of Mark Dixon could have been avoided. The ACT2 Care System was properly implemented and there was no defect in the system or its operation that contributed to the death.

Court Disposition

No defect in the system or its implementation contributed to the death; no reasonable precautions could have prevented the death.