Chamber and committees

It is not currently anticipated that the Scottish Government will make any payment to Ernst & Young for the BTP Integration programme. Police Scotland hold the contract with Ernst & Young on this matter.

I refer the member to the answer to question S5W-17612 on 30 July 2018. The progress of a death investigation depends on a variety of factors. While most death investigations conclude once a cause of death is known, other cases require further investigation, which may include complex technical and medical issues requiring the instruction of experts. Equally, where a FAI is to be held, the speed with which it proceeds to the conclusion of evidence, and, thereafter, to issue of the sheriff’s determination depends on a variety of factors, including the scale and complexity of the inquiry and the other demands on court and judicial time.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx.

There are three deaths of individuals who died in prison custody during the financial year 2014-15 (1 April to 31 March), where fatal accident inquiries have yet to be held. Dates have been scheduled for two of these to take place in August and November 2018 respectively.

The progress of a death investigation depends on a variety of factors. While most death investigations conclude once a cause of death is known, other cases require further investigation, which may include complex technical and medical issues requiring the instruction of experts. Equally, where a FAI is to be held, the speed with which it proceeds to the conclusion of evidence, and, thereafter, to issue of the sheriff’s determination depends on a variety of factors, including the scale and complexity of the inquiry and the other demands on court and judicial time.

In respect of every individual whose death is reported to the Crown Office and Procurator Fiscal Service, following a death in prison custody, a medical certificate of cause of death is issued by a medical professional, normally by a pathologist, following a post mortem examination instructed by the Procurator Fiscal. This information is communicated to the nearest relatives in accordance with the Family Liaison Charter which I laid before the Scottish Parliament in September 2016. In addition, in relation to all FAIs nearest relatives are kept advised of significant developments as the investigation proceeds towards an FAI.

As soon as possible after conclusion of the evidence and submissions in a fatal accident inquiry the sheriff must make a determination in terms of Section 26 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act). The time taken to issue a determination is a matter for the presiding sheriff and is outwith the control of the Crown Office and Procurator Fiscal Service (COPFS).

In terms of Section 27 of the 2016 Act the Scottish Courts and Tribunals Service (SCTS) must publish the determination in such manner as SCTS considers appropriate. COPFS do not record information about the date upon which SCTS publish determinations.

(a) Table A indicates for individuals who died in prison custody during the financial years (1 April to 31 March) from 2010-11 through to 2017-18, the longest time taken from the date of death to conclusion of evidence in the FAI.

It is important to note that there are investigations ongoing in relation to deaths of individuals reported during this same period, where FAIs have yet to be concluded. Therefore the figures below, particularly in respect of the latter years, will change as further FAIs are concluded.

(b) The longest time since the date of death of an individual for a death in prison custody, in respect of which an FAI is yet to be held is 1533 days.*

Table A:

Deaths of individuals reported to COPFS who have died in prison custody, in respect of which an FAI has concluded

(a) Table A indicates the number of individuals who died in prison custody during the financial years (1 April to 31 March) from 2010 -11 through to 2017-18, where a fatal accident inquiry has been concluded.

It is important to note that there are investigations ongoing in relation to deaths of individuals reported during this same period where FAIs have yet to be concluded. Therefore the following figures, particularly in respect of the latter years, will change as further FAIs are concluded.

(b) Table B indicates the number of individuals who died in prison custody during the financial years (1 April to 31 March) from 2010 -11 through to 2017-18, where a fatal accident inquiry has yet to be concluded.

Table A:

Deaths of individuals reported to COPFS who have died in prison custody, in respect of which an FAI has concluded.

This is a matter for Police Scotland who ran a competitive tendering process to engage professional services support for the proposed merger of British Transport Police in Scotland with Police Scotland.

There is no legitimate redundancy situation created by the transfer.

As confirmed in the letter dated 29 May to the Justice Committee from the Chairs of the Joint Programme Board the estimated staff costs to the Scottish Government to financial year end 2017-18 are £310,000. This is based on all officials engaged on the project from Royal Assent of the Railway Policing (Scotland) Act 2017.

Scottish Government will provide projected costs of the merger as they emerge through the course of the re-planning process.