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Justice secretary to lead new board to oversee changes after Polmont FAI
Justice secretary to lead new board to oversee changes after Polmont FAI

STV News

time30-04-2025

  • Politics
  • STV News

Justice secretary to lead new board to oversee changes after Polmont FAI

Justice secretary Angela Constance is to lead a board being set up to help ensure changes recommended after deaths at Polmont Young Offenders Institution are 'delivered at pace'. Constance announced she will head the ministerial accountability board to oversee the implementation of recommendations made following a fatal accident inquiry (FAI) into the deaths of Katie Allan, 21, and William Brown, 16, who was also known as William Lindsay. The Scottish Government and the Scottish Prison Service (SPS) – which runs Polmont – have already accepted the findings of the inquiry. With 25 recommendations made by Sheriff Simon Collins as part of the inquiry, the Government hopes the new board will ensure 'reform is delivered as quickly as possible', while also providing regular updates for families and those involved. It is being set up as an interim measure until a new independent national oversight body for all deaths in custody – known as a National Oversight Mechanism – is established over the coming year. When up and running, this organisation will take on the responsibility for overseeing the implementation of fatal accident inquiry recommendations. Ms Allan and Mr Brown took their own lives at Polmont in 2018, and Constance said on Wednesday: 'We have accepted there needs to be change and action has already started to prevent avoidable deaths in custody. 'It is vitally important that this action is being driven to delivering lasting change and to ensure full accountability every step of the way. 'That is why I will lead a ministerial board to ensure that Sheriff Collins's FAI determination recommendations regarding the tragic deaths of Katie Allan and William Lindsay are being delivered at pace. 'The board will drive reform until the National Oversight Mechanism is established. It will provide accountability, transparency and drive systemic improvement, informed by evidence and analysis. 'Loss of liberty should not mean the loss of humanity, and every individual deprived of their liberty must be treated with dignity and respect.' Membership of the ministerial accountability board is currently being finalised, with its first meeting expected to take place next month. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country

Deaths in Scottish prisons among highest in Europe
Deaths in Scottish prisons among highest in Europe

Yahoo

time28-04-2025

  • Health
  • Yahoo

Deaths in Scottish prisons among highest in Europe

Deaths in Scotland's prisons have increased by 60% in the past year, a report has revealed. The Scottish Centre for Criminal Justice Research (SCCJR) found 64 people died in jail in 2024 - up from 40 in 2023. Researchers said the mortality rate had more than doubled over the past decade and was now among the highest in Europe. The Scottish Prison Service (SPS) said every death in custody was "a tragedy for all those who knew and supported the individual". According to the report 17 of the deaths last year were suicides or apparent suicides, 10 were related to drugs, 27 were attributed to "health condition or incident", one was a homicide and one was categorised as "other/accident". The remaining eight were undetermined or remain under investigation, it said. The Glasgow University team behind the report said the overall level of deaths in custody last year was the highest since modern records began, in 1995, and almost certainly the highest ever. "That rise is absolutely stunning. It's unprecedented," said Professor Sarah Armstrong who led the research. The report also said prison deaths from suicide had been rising since 2016 and may have reached a record high last year. Prof Armstrong said she was encouraged by the SPS reaction to a report into the deaths of Katie Allan, 21, and William Brown, 16, who took their own lives in Polmont Young Offenders Institution in 2018. But she said there were issues with "organisational culture" in Scottish prisons and that there needed to be a move away from treating the level of deaths as normal. Katie Allan's mother, Linda, is named as a co-author of the report. She said:in a statement: "We need independent, timely investigations for every death that occurs while someone is in the care of the state." The report said poor air quality, access to healthcare, extended periods locked in cells and increased isolation could "lead to a loss of hope." Prof Armstrong said the team identified a recurring pattern in prison deaths with officers not adequately completing cell checks, health concerns being treated as "drug seeking behaviour" and signs of declining mental health "not being acted upon". She added: "When we looked at international comparators our death rates are more like Azerbaijan and Moldova, where torture and corruption have been documented." Prof Armstrong said it was "anomalous that we have one single state organisation that is immune from prosecution". It comes after SPS head Teresa Medhurst said the prison service should face the possibility of criminal prosecution over deaths in custody - already the case for private prisons. The SPS said it was ultimately for a Fatal Accident Inquiry (FAI) to determine each cause of death, but added it published details of all deaths in custody which indicated there were 14 suicides in 2024, "the same level as in 2019 and 2022." A spokesperson said: "We are determined to deliver systemic change, at pace, to how we support people in our care, in a way which will be enduring, transparent, and impactful." An FAI is a legal requirement for any death in a Scottish prison. The researchers said as well as deaths by suicide there were "numerous deaths from acute health events or from conditions which are normally manageable in the community". They argued that pandemic restrictions "have a sustained legacy in Scottish prisons," with many inmates still locked in cells from late afternoon until the following morning. "Such restrictions have been associated with intensifying isolation and deteriorating mental health," the researchers conclude. "In that category of so-called natural causes deaths are 30 and 40-year-olds who are dying from things like heart attacks or from diabetes or epilepsy," said Prof Armstrong. "Technology and new buildings are not going to fix this - it's the human element, it's the organisational culture, it's the relationships between people in prisons." According to the report, there was one death of a trans woman in 2024 and the remaining 63 deaths were men. It calculates that in 2022 – the most recent year for which comparable data are available – there was a rate of 592.8 prison deaths per 100,000 in Scotland compared to 368 per 100,000 in England and Wales. The sharp increase in Scotland could not be explained by a rise in the prison population, said the researchers. They pointed out that deaths had risen from 24 to 64 between 2014 and 2024 – a jump of 167% – while the number of prisoners had risen by around 4.5% in the same period. "Nor can the increase be attributed entirely to the ageing of the prison population," the report adds. Prof Armstrong noted that the prison population was also ageing in England and in the US, and yet neither country had seen a similar rise in deaths. The report also examined deaths in other forms of "state custody" such as mental health facilities, detention centres for migrants and asylum accommodation, and among people with learning disabilities and autism. It concludes that the "quality of information" about such deaths "continues to suffer from gaps, inconsistencies and errors," and calls for improvements. The Scottish government said every death in custody was tragic and said it would "carefully consider the findings of this sobering annual report". A spokesperson said: "The health and wellbeing of all those in custody is a priority for this Government and we continue to work with partners to ensure their safety. "All of Sheriff Collins's recommendations in his determination of the Fatal Accident Inquiry into the deaths at Polmont YOI of Katie and William have been accepted and the work on these is being delivered at pace with progress closely monitored." Private prison to face prosecution over Covid death Safety action plan accepted after suicides at Polmont Prison service boss says it should lose prosecution immunity

Prison service boss says it should lose prosecution immunity
Prison service boss says it should lose prosecution immunity

Yahoo

time02-04-2025

  • Politics
  • Yahoo

Prison service boss says it should lose prosecution immunity

The head of Scotland's jails has told the families of two young people who took their own lives in prison that she believes crown immunity should be abolished. Theresa Medhurst said the Scottish Prison Service (SPS) should face the possibility of criminal prosecution over deaths in custody. Ms Medhurst made the comment during a meeting with the families of Katie Allan and William Brown, also known as William Lindsay, who both died by suicide at Polmont Young Offender's Institution in 2018. Under the law, the Crown, which includes the Scottish Prison Service, cannot be held criminally responsible for deaths in custody. The Scottish government said it has pursued a change in the law, but that it would require UK government approval. Last year a fatal accident inquiry (FAI) into the deaths of Katie Allan, 21, and William Brown, 16, made 25 recommendations, which were accepted by the SPS and Scottish government. The families' lawyer, Aamer Anwar, said the meeting on Wednesday with Ms Medhurst had been "robust and painful". Safety action plan accepted after suicides at Polmont Catalogue of failures led to young prisoner deaths However, he said it was important Ms Medhurst had agreed crown immunity for the prison service should be "abolished". In 2022, the Crown Office found a breach of the Health and Safety Act at the jail "materially contributed" to the deaths, but it was unable to act as the SPS was protected by the Crown immunity principle. Mr Anwar said the families would seek a meeting with prime minister Sir Keir Starmer to further push for a change in the law. He said: "When you have a situation where the SPS agrees with the lifting of Crown immunity, when the Scottish government and every opposition party in the Scottish Parliament agrees with the lifting of Crown immunity, the question really is now for the UK government to deliver on that. He added: "The next stage for the families, and for a number of other families we act for, is for a meeting with Keir Starmer and the justice minister, because they carry the power to do this. "There is clearly unity right across Scotland, from all the institutions as well as the family, to remove Crown immunity. It's unacceptable." Crown immunity is a legal principle which states that legislation does not normally apply to the state. Effectively, it means the state, including government and official bodies, such as the prison service, and sometimes its employees or agents, can be protected from being charged with criminal offences created by statute. For example, if a person dies while in custody at a jail, the Crown could not be held criminally responsible for their death. It does not shield them from civil liability, such as the case brought by the family of Allan Marshall, who died after being restrained by up to 17 prison officers at HMP Edinburgh in 2010. In Scotland, Crown immunity may not always protect prison officers or officials – for example if they are caught using, possessing or giving a "personal communication device," such as a mobile phone, to a prisoner. A provision of the Health and Safety at Work Act also states, regardless of whether Crown Immunity applies, an individual can be prosecuted if they cause a breach. Campaigners have long challenged the law, arguing that the public and private sectors do not operate on a level playing field. Ms Allan's mother, Linda, said the meeting was "very positive," adding it was the "beginning of a dialogue" with the SPS. She said: "For the first time we didn't feel demonised by the prison service, but we felt listened to, and we found that very restorative." Speaking after the meeting, Ms Medhurst said: "This was just an opportunity to meet personally with the families, to offer our apologies for their loss, the tragic loss of Katie and William, and to apologise for the failures of the past. "And to ensure that they understand we are committed and determined to not only action the recommendations that we have accepted in full, but to ensure that there is systemic change across the organisation, which will be impactful and lasting." The families met the Scottish government's justice secretary, Angela Constance, at Holyrood ahead of a statement to parliament last week. A spokesperson for the Ministry of Justice said: "The Lord Chancellor has received the letter from the Scottish cabinet secretary for justice and home affairs and will respond in due course." A Scottish government spokesperson added: "The Scottish government will continue to pursue the lifting of the SPS corporate Crown immunity under reserved health and safety law with the UK government. "All of the recommendations in his determination of the FAI into the deaths at Polmont YOI of Katie and William have been accepted and the work on these is being delivered at pace with progress closely monitored."

Prison service boss says it should lose immunity from prosecution
Prison service boss says it should lose immunity from prosecution

BBC News

time02-04-2025

  • Politics
  • BBC News

Prison service boss says it should lose immunity from prosecution

The head of Scotland's jails has told the families of two young people who took their own lives in prison that she believes crown immunity should be Medhurst said the Scottish Prison Service (SPS) should face the possibility of criminal prosecution over deaths in Medhurst made the comment during a meeting with the families of Katie Allan and William Brown, also known as William Lindsay, who both died by suicide at Polmont Young Offender's Institution in the law, the Crown, which includes the Scottish Prison Service, cannot be held criminally responsible for deaths in custody. The Scottish government said it has pursued a change in the law, but that it would require UK government year a fatal accident inquiry (FAI) into the deaths of Katie Allan, 21, and William Brown, 16, made 25 recommendations, which were accepted by the SPS and Scottish families' lawyer, Aamer Anwar, said the meeting on Wednesday with Ms Medhurst had been "robust and painful". However, he said it was important Ms Medhurst had agreed crown immunity for the prison service should be "abolished".In 2022, the Crown Office found a breach of the Health and Safety Act at the jail "materially contributed" to the deaths, but it was unable to act as the SPS was protected by the Crown immunity Anwar said the families would seek a meeting with prime minister Sir Keir Starmer to further push for a change in the said: "When you have a situation where the SPS agrees with the lifting of Crown immunity, when the Scottish government and every opposition party in the Scottish Parliament agrees with the lifting of Crown immunity, the question really is now for the UK government to deliver on added: "The next stage for the families, and for a number of other families we act for, is for a meeting with Keir Starmer and the justice minister, because they carry the power to do this."There is clearly unity right across Scotland, from all the institutions as well as the family, to remove Crown immunity. It's unacceptable." What is Crown immunity? Crown immunity is a legal principle which states that legislation does not normally apply to the it means the state, including government and official bodies, such as the prison service, and sometimes its employees or agents, can be protected from being charged with criminal offences created by example, if a person dies while in custody at a jail, the Crown could not be held criminally responsible for their does not shield them from civil liability, such as the case brought by the family of Allan Marshall, who died after being restrained by up to 17 prison officers at HMP Edinburgh in Scotland, Crown immunity may not always protect prison officers or officials – for example if they are caught using, possessing or giving a "personal communication device," such as a mobile phone, to a prisoner.A provision of the Health and Safety at Work Act also states, regardless of whether Crown Immunity applies, an individual can be prosecuted if they cause a have long challenged the law, arguing that the public and private sectors do not operate on a level playing field. 'We didn't feel demonised' Ms Allan's mother, Linda, said the meeting was "very positive," adding it was the "beginning of a dialogue" with the said: "For the first time we didn't feel demonised by the prison service, but we felt listened to, and we found that very restorative."Speaking after the meeting, Ms Medhurst said: "This was just an opportunity to meet personally with the families, to offer our apologies for their loss, the tragic loss of Katie and William, and to apologise for the failures of the past."And to ensure that they understand we are committed and determined to not only action the recommendations that we have accepted in full, but to ensure that there is systemic change across the organisation, which will be impactful and lasting."The families met the Scottish government's justice secretary, Angela Constance, at Holyrood ahead of a statement to parliament last week. A spokesperson for the Ministry of Justice said: "The Lord Chancellor has received the letter from the Scottish cabinet secretary for justice and home affairs and will respond in due course."A Scottish government spokesperson added: "The Scottish government will continue to pursue the lifting of the SPS corporate Crown immunity under reserved health and safety law with the UK government."All of the recommendations in his determination of the FAI into the deaths at Polmont YOI of Katie and William have been accepted and the work on these is being delivered at pace with progress closely monitored."

Automatic legal aid for death in custody inquiries
Automatic legal aid for death in custody inquiries

BBC News

time27-03-2025

  • Politics
  • BBC News

Automatic legal aid for death in custody inquiries

Family members involved in deaths in custody Fatal Accident Inquiries (FAI) are to have immediate, free access to legal aid support and Secretary Angela Constance confirmed that she is using existing ministerial powers to remove means-testing for legal aid in such 7 April, families will not have to provide information on their announced the move as she updated the Scottish Parliament on the changes being made following the deaths of Katie Allan and William Brown - also known as William Lindsay - at Polmont Young Offenders Institution. In January, a sheriff concluded that the deaths of Katie, 21, and William, 16, could have been avoided but for a "catalogue of failures".They took their own lives in separate incidents at Polmont in 2018. All of the sheriff's 25 recommendations have been accepted. The Scottish government said they would be delivered "at pace" and that progress would be closely said providing free, non-means tested legal aid would need primary legislation but given the time that would take, she was using her powers to grant it from 7 family support services will also be outlined the measures being implemented, which include: A dedicated operational taskforce, chaired by the Scottish Prison Service (SPS) chief executive and involving NHS partners, to ensure all of the recommendations are actionedHis Majesty's Chief Inspector of Prisons for Scotland will provide an initial report by the summer on how the implementation of Sheriff Collins' FAI recommendations will be independently reviewedThe Scottish Prison Service is overhauling its Suicide Prevention Strategy "Talk to Me" across the prison estate. The strategy will be published at the end of this year, with a full training package to be rolled out in 2026An independent review of the FAI system has been commissioned to focus on improving the efficiency, effectiveness, and trauma-informed nature of investigations into deaths in prison custodyConstance said: "I was grateful to have had the opportunity to again meet with the families of William Lindsay and Katie Allan today and extend my deepest condolences to them, as I do to all those affected by a death in custody."It is through ongoing and decisive action that we will create the lasting change they rightly demand and deserve. We have made substantial progress since my January statement to parliament."She added: "We will continue to drive forward change and strengthen accountability. This is about changing the system and the culture that underpins it."The Scottish Conservatives' justice spokesman Liam Kerr said: "The inquiry's findings in January exposed a broken system."The deaths of Katie Allan and William Lindsay were not only tragic but also preventable and demonstrate the desperate need for action, without delay, to prevent further tragedies."Given the crisis facing the legal aid system, it is vital ministers ensure that they deliver the necessary investment to improve it so that families can access the support they need and receive the justice they deserve." What happened to William and Katie? Sheriff Collins found that William's death resulted from a catalogue of individual and collective failures by SPS and healthcare staff at said "almost all of those who interacted with him were at fault to some extent."He said a reasonable precaution would have been to have kept William – who had a history of attempting suicide – on was removed from observations the morning after he arrived at a case conference. The sheriff also found that the cell he was accommodated in could have been made safe for had been arrested after walking into Saracen Street police station in Glasgow while carrying a was remanded in custody after being deemed a "potential risk to public safety" three days before his death because there was no space in a children's secure Katie's case, the sheriff found that there were multiple failures by prison and healthcare staff to properly identify, record and share information relevant to her he said that even with the benefit of hindsight, her death had been spontaneous and Collins found that if the Glasgow University student's cell had been made safe - which could have been done without significant cost - her death would not have was a safety issue with the cell that had long been known to the was serving a 16-month sentence for dangerous and drink driving following a hit-and-run.

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