Inquiry process begins into deaths in custody of two inmates at Polmont YOI

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The Crown Office and Procurator Fiscal Service (COPFS) has lodged papers – or a First Notice – to begin the court process for a joint Fatal Accident Inquiry (FAI) into the deaths of Katie Allan and William Lindsay at Polmont Young Offenders Institution.

They both committed suicide while in legal custody at Polmont YOI – Katie in June 2018 at the age of 21 while serving a sentence for a driving offence and William, who was on remand, in October 2018 at the age of 16.

Their deaths led to public and parliamentary demands for an inquiry into how vulnerable inmates are treated in custody.

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At the time Aamer Anwar, solicitor for the parents of both Katie and William, said their deaths were never inevitable, and that the Scottish Prison Service had failed them.

The FAI process has begun into the deaths of two inmates at Polmont YOIThe FAI process has begun into the deaths of two inmates at Polmont YOI
The FAI process has begun into the deaths of two inmates at Polmont YOI

An FAI is mandatory under Fatal Accidents and Sudden Deaths (Scotland) Act 2016 legislation and a preliminary hearing is scheduled to be held on Tuesday, July 11 at Falkirk Sheriff Court.

Solicitor General, Ruth Charteris KC, acknowledged the deep anguish the deaths have brought to the families of Katie and William.

She added: “I met with Katie’s mother and father and William’s mother and brother, and, having listened to them talk about their experiences, I fully appreciate the wait

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for these proceedings has been too long and distressing for them.

“My hope is this Inquiry provides them with the answers that they are looking for and helps to prevent similar deaths in the future. The Crown Office and Procurator

Fiscal Service has introduced a number of reforms designed to reduce the time it takes to investigate deaths, improve the quality of such investigations, and improve communication with bereaved families.

“As part of these reforms, a specialist custody deaths investigation team has been set up to focus on cases such as those of Katie and William.”

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The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death, the circumstances in which the deaths occurred, and to establish what, if any,

reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances.

Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.

This Inquiry will explore the circumstances of both deaths, with particular focus on the Scottish Prison Service Talk To Me strategy in relation to the prevention of suicide

in prison.

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Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said: “The Procurator Fiscal Service has thoroughly investigated the circumstances

surrounding the deaths of Katie Allan and William Lindsay.

“The lodging of the First Notice enables FAI proceedings to begin under the direction of the Sheriff. An FAI will allow a full public airing of all the available evidence and

allow the families and other interested parties to be represented.

"The evidence will be tested in a public setting and will be the subject of judicial determination. The families and their legal representatives will continue to be kept

informed of significant developments as court proceedings progress.”

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