Mr Sutherland, 42, was found dead in his cell within HMP Barlinnie, Glasgow on the morning of 11 January 2022. Mr Sutherland was in legal custody and in the care of the state at the time of his death.
In her determination, Sheriff McDonald made several recommendations aimed at reducing the risk of future deaths in custody, including that the Scottish Prison Service introduce a standardised system to audit cells for potential ligature points and take steps to remove such risks where reasonably practicable.
The determination also stressed the importance of strengthening post‑death review processes so that clear learning is identified and acted upon, and recommended a national review of prison bedding, including exploring safer designs through procurement or bespoke manufacture.
The Procurator Fiscal, who acts in the public interest, led evidence on the facts and circumstances of Mr Sutherland’s death at the FAI in which other interested parties were represented.
Following publication of the determination, Procurator Fiscal Andy Shanks for the Crown Office and Procurator Fiscal Service, Scotland’s independent deaths investigation authority, said:
“The sheriff makes recommendations aimed at reducing the risk of future deaths in custody and highlights the importance of strengthening post‑death review processes so that clear learning is identified and acted upon.
“The FAI followed a thorough and comprehensive investigation by the Procurator Fiscal who ensured that the full facts and circumstances of Mr Sutherland’s death were presented in evidence.
“While an FAI does not attribute blame or establish liability, it plays a vital role in ensuring that lessons are identified and acted upon in the public interest.”
Further information
For more information on Fatal Accident Inquiries, see the Crown’s guide.