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Ten years after the tragic death of Allan Marshall, the Scottish Prison Service has officially acknowledged that his death while in custody was unlawful. Allan Marshall, a 30-year-old man from Carluke in South Lanarkshire, was on remand at HMP Edinburgh in March 2015 when he was restrained face down by 17 prison officers. Four days later, he passed away due to the excessive force used during the restraint. His family has received apologies from the prison service, Crown Office, and Police Scotland for the wrongful death.
The Court of Session heard that the level of force applied to Allan Marshall went beyond what was necessary. This marks the first time that all three parties have publicly admitted that his death was unlawful and that the state failed to conduct a proper investigation. CCTV footage revealed that Mr. Marshall, who had underlying health issues, was restrained by numerous prison officers, some of whom even used their feet. It was concluded by the court that there was no need for such force and he should have received medical attention instead.
While expressing regret for the failings that led to Mr. Marshall’s death, the Scottish Prison Service stated that they have learned from this incident and are committed to improving their support for staff and ensuring the safety of individuals in their care. Mr. Marshall’s aunt, Sharon MacFadyen, expressed the family’s disbelief at finally receiving an admission after a decade of waiting. She described the emotional turmoil, mentioning that it still feels surreal like they are in a daze.
Chief Constable Jo Farrell of Police Scotland publicly apologized for the substandard investigation conducted after Mr. Marshall’s death, admitting that they fell below the required standard. The family’s lawyer, Barbara Bolton, emphasized that the Scottish Prison Service should have acknowledged their faults and apologized to the family much earlier. She mentioned that the family had to endure denial, ignorance, and fight for justice for a decade before finally receiving the acknowledgments they deserved. Additionally, an unpublished review by the Crown Office highlighted that the decision not to prosecute the prison officers involved in the restraint of Mr. Marshall was deemed incorrect, signifying the need for significant reforms in the investigative processes following such incidents
Read the full article from The BBC here: Read More
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