Death investigations

FAI Determination published following deaths of two men in custody

The Crown Office and Procurator Fiscal Service (COPFS) notes the determination in the Fatal Accident Inquiry into the deaths of Declan Gallacher and David Berry.   

The death of Declan Gallacher occurred while in legal custody within Clydebank Police Office, Clydebank, and David Berry died while in legal custody within Govan Police Office, Glasgow.  

In his determination, Sheriff Michael Hanlon made seven recommendations for Police Scotland in relation to updates to the National Custody System and the introduction of formal written guidance, policy and training for officers conducting constant observations. 

The sheriff also recommended that Police Scotland, in collaboration with NHS healthcare hub staff, review the guidance to police officers on prisoner referrals to health care professionals. 

The Procurator Fiscal, who acts in the public interest, led evidence on the facts and circumstances of Mr Gallacher and Mr Berry’s deaths at the FAI in which other interested parties were represented.   

Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:     

“The sheriff’s determination, which makes significant recommendations for Police Scotland, is extensive and detailed.   

“The FAI followed a thorough and comprehensive investigation by the Procurator Fiscal who ensured that the full facts and circumstances of Mr Gallacher and Mr Berry’s deaths were presented in evidence. "    

Further information

For more information on Fatal Accident Inquiries see the Crown’s guide.