Question reference: S6W-15771
- Asked by: Richard Leonard, MSP for Central Scotland, Scottish Labour
- Date lodged: 9 March 2023
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Current status: Answered by Dorothy Bain on 22 March 2023
Question
To ask the Scottish Government whether any (a) ministers, (b) officials and (c) special advisers were consulted before the offer of immunity from prosecution was made to prison officers charged with the care of Allan Marshall.
Answer
The Crown does not grant immunity from prosecution but makes prosecutorial decisions based on criteria set out in the Scottish Prosecution Code. Decisions on prosecution are taken independently and are matters for professional prosecutors within the system for which the Lord Advocate and Solicitor General are responsible. It is therefore not appropriate for any other minister, or for Scottish Government officials or special advisers to be consulted in relation to any prosecutorial decisions.
I have confirmed to Mr Marshall’s family that some aspects of the investigation fell short of what they were entitled to expect. The previous decision not to prosecute individual prison officers cannot be reversed. I have instructed Police Scotland to investigate possible corporate responsibility by the Scottish Prison Service.
The way in which custody death cases are handled by COPFS has been reviewed and transformed. I am confident that new structures and processes in place will ensure such cases are undertaken rigorously, respectfully and compassionately.