Death of Edinburgh prisoner to be investigated

The death of an Edinburgh prisoner, who died in 2023, will be formally investigated in November.

The Crown Office and Procurator Fiscal Service (COPFS) has lodged a First Notice to begin the court process for the inquiry into the death of John Barr, who died at the age of 71.

Barr, an inmate within HMP Edinburgh, was taken to Edinburgh Royal Infirmary for medical treatment. A deterioration in his health required a move to palliative care at a community hospital in Granton where he later died on October 5, 2023.

A Preliminary Hearing will be held on July 21, followed by a Fatal Accident Inquiry on November 4, both at the Edinburgh Sheriff Court. placeholder image
A Preliminary Hearing will be held on July 21, followed by a Fatal Accident Inquiry on November 4, both at the Edinburgh Sheriff Court.

Mr Barr was in legal custody and in the care of the state at the time of his death. The COPFS is obliged to investigate such deaths, and a Fatal Accident Inquiry is mandatory.

A Preliminary Hearing will be held on July 21, followed by a Fatal Accident Inquiry on November 4, both at the Edinburgh Sheriff Court.

The purpose of the inquiry 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 John Barr 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.”

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