Sheku Bayoh inquiry remit unchanged and will not examine lack of prosecutions

An inquiry into the death of a man in police custody will not be extended to examine why no prosecutions were brought, the Deputy First Minister has announced, saying it is not in the public interest.

Sheku Bayoh, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.

The Crown Office decided not to take legal action against the police involved in the incident following an investigation.

Mr Bayoh’s family had urged Ms Forbes to extend the terms of reference of the public inquiry investigating the circumstances of the 31-year-old’s death, and whether race was a factor, to also include the Crown’s decisions not to bring any prosecutions in 2018 and 2019.

However Ms Forbes announced on Tuesday the remit of the inquiry will remain unchanged.

She said: “Mr Bayoh’s family continue to have my deepest condolences.

“As set out in legislation, I may amend the terms of reference if I consider the public interest requires this. The inquiry’s terms of reference were announced in May 2020 and I have decided it is not in the public interest to extend the remit almost five years later and after evidential hearings have concluded.

“I hope that it is now possible for the chair to deliver his independent findings and recommendations as soon as possible.

“In all circumstances, a public inquiry is not permitted to determine or rule on civil or criminal liability.

“Only the Crown Office can reconsider prosecution and the Solicitor General has reserved the right to do so.

“I am confident that the terms of reference, as announced in 2020, are sufficiently broad to allow the chair to present a substantial report with detailed findings and recommendations – including on the investigation and the extent to which Mr Bayoh’s actual or perceived race was a factor.”

Ms Forbes said she had reached the decision after careful consideration of all points raised during a consultation process.

In a letter setting out her decision, Ms Forbes said she had to consider the impact of a delay from any extension, with the inquiry estimating that extending the terms of reference would require it to continue for another year.

She wrote: “It is vital that the inquiry produces its report and recommendations as soon as possible, so that justice agencies can begin to implement those and take on board the learning, which will be available from the report.

“This is key to preventing other tragic future incidents.

“There is a risk of aspects of the inquiry’s report and recommendations being overtaken by events on the ground if the process of producing a report becomes too protracted.”

Mr Bayoh’s family and other parties involved have been informed of her decision.

The inquiry, which has heard 122 days of evidence, will now move to closing submissions.

Inquiry chairman Lord Bracadale has pledged he will then prepare his final report without delay.

He said: “Scottish ministers have decided not to extend the terms of reference for the inquiry, rejecting Mr Bayoh’s families’ request.

“I recognise that this decision will disappoint Mr Bayoh’s families. They are at the heart of this inquiry, and I want to reassure them that the existing terms of reference have been thoroughly examined over 122 days of evidential hearings.

“There is much important work for the inquiry still to do, not least proceeding with closing submissions that were postponed while we awaited a decision. My team and I are working at pace and will announce timescales in due course.”

A Crown Office and Procurator Fiscal Service (COPFS) spokesperson said: “COPFS continues to be supportive of the inquiry as a source of transparency and accountability.

“We welcome every opportunity to reflect upon our work and identify any possible areas for improvement.

“The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute.”