The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice to begin the court process for a Fatal Accident Inquiry into the death of Nicholas McKenzie.
The 37-year-old, a prisoner within HMP Addiewell, died on 26 December 2023. Mr McKenzie was in legal custody and in the care of the state at the time of his death.
The Crown Office and Procurator Fiscal Service is obliged to investigate such deaths, and a Fatal Accident Inquiry is mandatory.
A Preliminary Hearing will be held on 12 May 2026 at Livingston Sheriff Court.
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the death occurred; and to establish what steps, if any, could have been taken to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Lorraine Almond of the Crown Office and Procurator Fiscal Service, Scotland’s death investigation authority, said:
“The Lord Advocate considers that the death of Nicholas McKenzie occurred whilst he was in legal custody and as such a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.”
For more information on Fatal Accident Inquiries see the Crown’s guide.