Deaths in Custody: Justice Secretary's statement - 27 March 2025

Presiding Officer, in January I set out a range of actions to address the systemic failures identified by Sheriff Collins’ Fatal Accident Inquiry determination, relating to the tragic deaths of Katie Allan and William Lindsay, also known as William Brown. I am grateful to have had the opportunity to meet with their families once again today.

The commitments I made then form part of a new approach in relation to all deaths in custody. Official statistics published on Tuesday linked data on deaths in custody with death records held by the National Records of Scotland for the first time. They show that around 30% of deaths in custody in the decade to 2022-23 were classed as probable suicides.

Whilst every single suicide is a tragedy, the data takes us a significant step forward in improving transparency and understanding the causes of deaths in prison custody. This progress is crucial as we work to address the issues surrounding the safety and wellbeing of those in custody.

Presiding Officer, the formal response from Scottish Ministers and the Prison Service to the Sheriff’s FAI determination was published on 13 March. All the recommendations were accepted, with specific responses to each recommendation referencing completed work to date and setting out where further work is required and when that will take place. I expect this work to be delivered at pace and I will be closely monitoring progress.

The SPS has initiated a dedicated operational Taskforce, chaired by the Chief Executive, and involving NHS partners, to ensure that all recommendations are actioned. This will be underpinned by a Delivery Framework with bi-annual updates.

In January I emphasised the critical importance of independent scrutiny and I am pleased to report that Terms of Reference have now been agreed with His Majesty’s Chief Inspector of Prisons for Scotland. The Chief Inspector shares my view on the need for rigor and transparency in this work, as well as the need to involve families, prisoners, SPS staff and expert advice. She expects to provide me with an initial report on progress by the summer.

Presiding Officer, on the introduction of a National Oversight Mechanism, I am grateful for the early engagement we have had with a wide range of stakeholders on the options available and that will continue as we finalise the model and establish a plan to implement it.

At its core, the National Oversight Mechanism will provide accountability, transparency and drive systemic improvement, informed by evidence and analysis and crucially will be independent of government.

In terms of scope, consideration will be given to widen that to include all deaths that occur in the care of the State, not just custody. Key functions will include annual reporting and the ability to audit existing FAI recommendations, for example.

Regarding the broader package of measures, I am pleased to be able to report that progress has been made. I visited Polmont last week to see firsthand a team committed to action at pace and applying learning.

SPS has removed all bunk beds from accommodation that might be used to house a young prisoner at Polmont. In addition, an instruction has been issued to Governors to ensure all establishments that accommodate young prisoners conform to the same standard.

All rectangular door stops of the type identified in the FAI process have been removed from Polmont. The policy on possession of items that can be used as ligatures is being revised and a pilot of the ligature audit toolkit has started. In addition, signs of life technology will be piloted with Polmont and where the evidence shows that it works, we will support the Scottish Prison Service to ensure it is implemented.

Presiding Officer, at the centre of Sheriff Collins’ recommendations was the need to overhaul the SPS Suicide Prevention Strategy – Talk to Me. Professors Graham Towl and David Crighton have been appointed to lead the evidence phase of this crucial work. Both Professors are forensic psychologists with a specialty in suicide prevention in prisons. They have both held senior roles with the Ministry of Justice and Professor Towl was called upon as an expert witness at the FAI of Katie and William.

This work represents a commitment to real and lasting change and their initial work will be completed by the end of the summer. SPS will overhaul their strategy in tandem with the evidence review so it will be ready to publish at the end of this year, with a full training package to be implemented in 2026.

Presiding Officer, for some, the first 72 hours in custody is the most challenging. Sherriff Collins recognised this in recommending that Talk to Me be applied to all young people during that period, and this will be a key part of the revised strategy.

I was able to discuss in detail with the Governor at Polmont, the enhanced measures and additional staff resources which have been put in place in the meantime to ensure any new admission will be placed within dedicated observation cells for the first 72 hours and will not be removed from observation thereafter until it is safe to do so.

On the issue of bullying, I am clear that prisons must be safe and rehabilitative. SPS must address harmful behaviour and foster a culture of respect and safety. SPS has accepted that their anti-bullying policy, Think Twice, has not been effective and will draw on relevant external expertise to develop a new strategy this year.

Presiding Officer, particular to William Lindsay’s case, the FAI heard that information available to the court was not shared with the SPS. This was unacceptable and the inconsistent practice around the transfer of information from court to custody needs immediate resolution.

The Scottish Government is therefore leading work with relevant partners to ensure the consistent transfer of relevant information between courts and the Prison Service. Once concluded, justice partners will be required to fully integrate the revised processes to ensure a seamless transition of information between court and custody.

In January I set out a commitment that all Death in Prison Learning and Audit Reviews would be chaired independently. I can confirm that a non-executive member of the SPS Board will now chair all reviews on an interim arrangement. This ensures that these Reviews are independent of Governors and prison staff whilst maintaining continuity and momentum. However, SPS will undertake an open and formal recruitment process over the summer to appoint a formal chair.

In consultation with the Lord Advocate, I have commissioned an independent review of the FAI system to focus on improving the efficiency, effectiveness, and trauma-informed nature of investigations into deaths in prison custody. It will also identify specific barriers families face in engaging with the process and propose concrete solutions to shorten timescales.

I will provide Parliament with an update on the appointment of a Chair, which I expect to be able to announce shortly. We have made good progress in developing a draft remit and ensuring the review is well-resourced so it can start work immediately.

On the issue of legal aid, I committed to making legal aid free and non-means-tested for families involved in deaths in custody FAIs. This will ultimately require primary legislation which, given where we are in the parliamentary session, will be for a new Parliament. However, I do not want families to wait for this important support, so I will be using existing Ministerial powers to ensure that from Monday 7 April, close family members involved in deaths in custody FAIs will have access to non-means-tested legal aid.

We will also put in place additional support services for families and introduce a new family advocacy role. Engagement has already begun with families to ensure our approach is shaped by them. This will ensure that families have independent trauma informed support and guidance following the death of their loved one.

Presiding Officer, we have made progress since January. I want to assure Parliament that we will continue to drive forward change and strengthen accountability. This is about changing the system and the culture that underpins it.

In closing, let me once again extend my deepest condolences to the families of Katie Allan, William Lindsay, and 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.