Andrew Whiteford died on 31 May 2022 at Crosshouse Hospital, Kilmarnock.
Mr Whiteford was in legal custody at the time of his death and in the care of the state. As such his death had to be investigated by the Crown Office and Procurator Fiscal Service and a Fatal Accident Inquiry was mandatory.
DETERMINATION INTO THE DEATH OF ANDREW WHITEFORD
The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances.
Unlike a criminal trial, a Fatal Accident Inquiry (FAI) seeks to establish the facts surrounding the death and is not a hearing which apportions blame.
The Procurator Fiscal, who acts in the public interest in such Inquiry, presented evidence on the facts and circumstances of Mr Whiteford's death.
Following the publication of the determination, Procurator Fiscal Andy Shanks, who leads on fatalities investigations for COPFS said:
“We note the Sheriff’s determination.
“The Procurator Fiscal ensured that the full facts and circumstances of Mr Whiteford’s death were presented in evidence at the mandatory Fatal Accident Inquiry. "
Further information
Custody Deaths Unit
The Crown Office & Procurator Fiscal Service has established a team of specialist prosecutors dedicated to investigating deaths in legal custody.
The creation of the Custody Deaths Unit (CDU) was announced by the Lord Advocate in her evidence to the Justice Committee in late 2021.
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.