New documents have revealed that the decision to grant immunity to prison officers over the death of Allan Marshall in custody was “incorrect,” according to a Crown Office review seen by the BBC. Marshall died after being restrained by 17 prison officers at HMP Edinburgh in March 2015. The subsequent Crown Office decision not to prosecute officers was criticised, and the review stated that the police did not investigate properly. Furthermore, the Crown Office concluded that a more thorough investigation was necessary, using independent expert evidence, and implied that officers could have been prosecuted if they had.
Though lifelong immunity from prosecution was later granted to the prison officers when they provided evidence at a fatal accident inquiry, the review claimed that this decision was “incorrect,” particularly given new evidence that had emerged about the use of feet during the restraint. This technique is not taught for inmate restraint.
The fatal accident inquiry revealed that some officers used their feet, with one admitting he used his “10 or more times” and stamped on Marshall, an action he later regretted. Marshall’s death was brain injury due to cardiac arrest during physical restraint. Although he had an underlying heart condition, experts said that Marshall was psychotic and was in need of seeing a psychiatrist.
In March 2020, the police were instructed to investigate whether the Scottish Prison Service should be prosecuted for corporate homicide. investigators informed Marshall’s relatives that it was a matter of a live investigation. The Crown Office stated that some aspects of the initial casework were found wanting and that the investigation of deaths in custody has since been reviewed and transformed, with lessons learned from this specific case
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