The Scotsman

Deaths in custody ‘should be treated like homicides’

- By LUCINDA CAMERON newsdeskts@scotsman.com

Investigat­ions into deaths in police custody should be treated with the same urgency as homicide investigat­ions, according to an independen­t review.

In her rep or t, Dame Elish Angiol in is aid any delay in such cases can add to the distress of families and have a severe adverse impact on police officers involved.

The 538-page review headed by the former lord advocate also recommends a significan­t increase in powers for watchdog the Police Investigat­ions and Review Commission­er (Pirc).

The aim of the review was to consider the current law and practice in relation to complaints handling, investigat­ions and misconduct issues in relation to policing and to make recommenda­tions for improvemen­ts.

Dame Elish said she is “acutely aware” of the death of Sheku Bayoh, who died after being restrained by police in May 2015 while officers were responding to a call in Kirkcaldy.

She said it would be “improper” for her to comment before a public inquiry into the death, which will be chaired by Lord Bracadale, is complete.

But Aamer Anwar, solicitor for the family of Mr Bayoh, said the review is a “devastatin­g and damning indictment of a police complaint system not fit for purpose in a modern and democratic Scotland”.

Pirc investigat­e s deaths in police custody under the direction of the pro curator fiscal department known as the Scottish Fatalities Investigat­ion Unit. The concluded investigat­ion is then passed to the Crown for a decision on any potential criminal proceeding­s or a fatal accident inquiry.

In her review, Dame Elish said investigat­ions involving death or serious injury in police custody are likely to be “amongst the most serious and complex cases the Pirc has to investigat­e” and they “clearly demand the highest priority in terms of resources and expertise of the organisati­on”.

Dame Elish said she does not consider Pirc to be “toothless” but recommends a strengthen­ing of its powers.

She said it should be redesignat­ed as a commission comprising one police investigat­ions and review commission­er and two deputy commission­ers, with none

of these positions to be held by a former police officer. The report, jointly commission­ed by the Scottish Government and Lord Advocate James Wolffe, says pre - li mi nary assessment of misconduct allegation­s made against senior police officers should be transferre­d to Pirc to “enhance indep end -

ent scrutiny of allegation­s, remove any perception of familiarit­y… and give greater clarity around the process ”. Dame Elish also recommende­d an independen­t review into equality in Police Scotland.

Michelle Mac leo d of Pirc welcomed the review and said it will carefully consider its findings.chief Constable Iain

Livingston­e said the implicatio­ns of the recommenda­tions now require “careful considerat­ion”.

Justice Secretary Humza Yousaf said he and the Lord Advocate will consider the report before responding formally.

 ??  ?? 0 Solicitor Aamer Anwar, centre, with family members of the late Sheku Bayoh, who died in custody
0 Solicitor Aamer Anwar, centre, with family members of the late Sheku Bayoh, who died in custody

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