Deaths in Prison Custody in Scotland 2012-2022

1. Background

In November 2019, the Cabinet Secretary for Justice commissioned an independent review into the response to deaths in prison custody, in recognition of the need for increased transparency and better engagement with families following a death in prison custody. The Independent Review of the Response to Deaths in Prison Custody which was published in November 2021 made one key recommendation, nineteen other recommendations and six advisory points. In April 2022, Gillian Imery was appointed as an external chair to provide independent strategic leadership and oversight of the recommendations and advisory points of the review.

A Deaths in Prison Custody Action Group (DiPCAG) chaired by Gillian Imery was established to oversee and support the work required to ensure effective, innovative and robust implementation of the recommendations and advisory points. Membership of the group is made up of representatives of agencies with responsibility for responding to deaths in prison custody (such as the Scottish Prison Service (SPS), National Health Service (NHS) Scotland and Scottish Government), along with representatives of those bereaved by a death in prison custody.

The Independent Review of the Response to Deaths in Prison Custody identified the need to improve the range of data that is available on deaths that occur in prison custody, recommending that an “independent investigatory body must be required to produce and publish reports analysing data on deaths in custody, identifying trends and systemic issues, making recommendations and promoting good practice”. Two of the recommendations are aimed at understanding causes of deaths in prisons and identifying trends with a view to preventing future deaths. Comprehensive data on and analysis of deaths in prison custody are essential to this work.

An Understanding and Preventing Deaths in Prison working group was established to progress these recommendations. Members of the working group have been analysing available data on deaths in custody in Scotland as well as identifying and implementing improvements to the data and evidence that exists. This work has been led by the Scottish Government’s Justice Analytical Services working with Scottish Government health analysts and policy officials, analysts and operational colleagues from the SPS, Community Justice Scotland and the NHS.