William MacDowell, an inmate within HMP Glenochil, had been receiving palliative care while in custody. As his health deteriorated, he was transferred to Forth Valley Royal Hospital on 7 February 2023, where he died on 15 February 2023.
Mr MacDowell 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 7 January at Stirling 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 William MacDowell 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
For more information on Fatal Accident Inquiries, see the Crown’s guide