Brian Emans died on 14 August 2023 within HMP Shotts.
Mr Emans 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 8 June 2026 at Hamilton Sheriff Court.
The purpose of a Fatal Accident Inquiry includes determining the cause of death, the circumstances in which the death occurred, and establishing what steps, if any, could have been taken to minimise the risk of future deaths in similar circumstances.
Unlike criminal proceedings, Fatal Accident Inquiries are inquisitorial in nature and are used to establish facts rather than to apportion blame.
Procurator Fiscal Andy Shanks for the Crown Office and Procurator Fiscal Service, Scotland’s independent deaths investigation authority, said:
“The Lord Advocate considers that the death of Brian Emans occurred whilst he was in legal custody and, as such, a Fatal Accident Inquiry is mandatory.
“The lodging of the First Notice enables Fatal Accident Inquiry proceedings to commence under the direction of the Sheriff.”
For more information on Fatal Accident Inquiries see the Crown’s guide.