John Barr, an inmate within HMP Edinburgh, was taken to Edinburgh Royal Infirmary for medical treatment. A deterioration in his health required a move to palliative care at a community hospital in Granton where he later died on 5 October 2023.
Mr Barr 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 21 July 2025 at Edinburgh Sheriff Court.
The Fatal Accident Inquiry will be heard on 4 November 2025 at Edinburgh Sheriff Court.
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, 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.
Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS, said:
“The Lord Advocate considers that the death of John Barr occurred while 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.”
Further information
Custody Deaths Unit
The Crown Office & Procurator Fiscal Service has a team of specialist prosecutors dedicated to investigating deaths in legal custody.
The Custody Deaths Unit (CDU) was setup as part of a number of reforms designed to reduce the time it takes to investigate deaths, improve the quality of such investigations, and improve communication with bereaved families.
For more information on Fatal Accident Inquiries, see the Crown’s guide