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08 Sept 2025
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08 Sept 2025
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Three key changes in the handling of deaths in custody have been called for by the Scottish Liberal Democrats.
The party’s justice spokesman, Liam McArthur, confirmed on Wednesday that he has written to Justice Secretary Keith Brown to request the changes.
An independent report published last year said every death in custody requires an independent inquiry, warning the current fatal accident inquiry (FAI) system lacks “family engagement at every step of the journey”.
The investigations should begin immediately after a death and completed “within a matter of months”, the report said.
As it stands, the FAI process has significant delays before beginning a probe into a death.
Earlier this year, analysis by the Lib Dems revealed the average time for completion of an FAI was three years – and some inquiries have remained outstanding after almost 10 years.
Mr McArthur has now asked the Justice Secretary to consider implementing a deadline for the commencement of reviews into custodial deaths, as well as guarantees to families that they will receive necessary support during legal proceedings, and that the reforms will come into effect by the start of 2023.
He said: “Families are facing long waits to discover what happened to loved ones who perished in tragic circumstances.
“I remain deeply concerned about the current state of the fatal accident inquiry system presently tasked with examining deaths in custody, and am sceptical about the claim that ‘real progress’ is being made in improving this process.
“Scottish Liberal Democrat research revealing that some inquiries are remaining outstanding after almost a decade and independent reports suggesting that the FAI system ‘works to normalise suffering and death in prison’ indicate that there is an ongoing need for urgent reform.
“The Government needs to commit to a deadline for kicking off an investigation into a death in custody.
“It also needs to ensure that legal aid will be provided for families and next of kin when investigations into custodial deaths take place.”
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