Declan Gallacher; David Berry
Scotland — FAI
Custody
7 recommendations
Determination
| Reference | [2025] FAI 34 |
| Published | 1 September 2025 |
| Sheriff | Sheriff Michael Hanlon |
| Sheriffdom | Glasgow and Strathkelvin |
| Date of death | 23 December 2018 |
| Location | Clydebank Police Office; Govan Police Office |
| Cause of death | Seizure-related (Gallacher); Epileptic seizure and alcohol abuse (Berry) |
Recommendations 7
PDF
Addressed to:
Police Scotland
NHS Greater Glasgow and Clyde
1. That Police Scotland update the National Custody System to include a separate mandatory field confirming whether a strip search of a prisoner is to take place, as well as recording that the decision has been communicated to the prisoner and the officer to conduct the search. 2. That Police Scotland update the National Custody System to introduce a mandatory field in the processing of prisoners, confirming that system checks of all relevant databases has been completed in relation to each prisoner. 3. That Police Scotland update the National Custody System to ensure that, whatever level of constant observation is decided upon for a prisoner, the system allows custody officers to separately choose the appropriate regime for prisoner visits without having to first change the level of constant observation to a lower level. 4. That Police Scotland give urgent consideration to introducing formal written guidance to officers as regards the maximum ratio of observing officers to prisoners for constant observations. 5. That Police Scotland give urgent consideration to introducing a formal policy, set out in its Standard Operating Procedures, as regards the period following which a break should be provided for officers conducting constant observations, and to introducing a system whereby such breaks are the subject of a system of recording. 6. That Police Scotland introduce a module of training on constant observations, formally outlining what the duty entails, the risks involved, what signs to look for and what action to take in potential scenarios, and that an accessible record be kept to ensure that those placed on constant observation duties have completed the appropriate training. 7. That Police Scotland, in collaboration with the NHS healthcare hub staff, review the guidance to police officers as set out in the Standard Operating Procedures in relation to when a referral of a prisoner to a Health Care Professional should be made, that it sets out with greater clarity the criteria used in deciding whether a referral should be made, and addresses the issue of whether or not there exists any minimum wait time for a Health Care Professional to attend.
No mandatory response mechanism — unlike PFD reports (England & Wales), recipients are not required to respond.
About FAIs
Fatal Accident Inquiries are held under the 2016 Act before a sheriff. They are mandatory for deaths in custody and at work. The sheriff may make recommendations under s.26(1)(b) but there is no enforcement mechanism.