Death in Custody (Scotland) Act 2019 1

MODEL
SCOTTISH PARLIAMENT

Death in Custody (Scotland) Bill

SP Bill 72

(as introduced)

An Act of the Scottish Parliament to make provision about deaths which occur in legal custody; and
for connected purposes.

1 Duty to preserve evidence in case of death in custody

(1) This section applies where a person in legal custody dies within or within the vicinity of a
police station or another place where a custody officer is exercising the officer’s functions.
(2) It is the duty of every constable in that place or within its vicinity to take all reasonable
steps to preserve any item or other thing which may be useful to a person providing a
certificate under section 22 of the Registration of Births, Deaths, and Marriages (Scotland)
Act 1965 (certificate of cause of death).
(3) In pursuance of that duty, a constable must ensure that—
(a) no custody officer present in that place or within its vicinity at the time of the person’s
death is able to communicate with another custody officer who was so present, and
(b) that situation is maintained until the constable or one or more other constables has
obtained a statement of the kind mentioned in subsection (6) from each of the
custody officers.
(4) Where the time of the person’s death is not known, the duty under subsection (3) applies
in relation to custody officers present—
(a) when the death of the person was discovered,
(b) at such other time as may be reasonable to estimate as the time of the person’s death.
(5) A constable may detain a custody officer for the purposes of subsection (3).
(6) A statement of the kind mentioned in this subsection is a statement as to—
(a) the health, appearance, and behaviour of the person prior to the person’s death,
(b) the custody officer’s interaction with the person prior to the person’s death,
(c) so far as the custody officer is aware, the interaction of other custody officers with
the person prior to the person’s death, and
(d) such other matters as the Scottish Ministers may by regulations prescribe.
(7) Regulations under this section are subject to the negative procedure.
2 Death in Custody (Scotland) Act 2019

2 Offence of failing to expeditiously report death in custody

(1) It is an offence for a custody officer to fail to report to a constable, as soon as is practicable
after the officer becomes so aware, that a person who was in legal custody has died in such
custody.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a
fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a
fine (or both).

3 Disqualification from service as constable or police staff

(1) The Police and Fire Reform (Scotland) Act 2012 is amended as follows.
(2) After section 12 (constables: terms of office), insert—
“12A Constables: disqualification from service
No person may be appointed under section 7, 8, or 9 if that person has at any time
been convicted of an offence in connection with the death of a person who was, at
the time of their death, in legal custody.”
(3) In section 26 (police staff), after subsection (2) insert—
“(2A) No person may be appointed under this section if that person has at any time been
convicted of an offence in connection with the death of a person who was, at the
time of their death, in legal custody.”
(4) In subsection (1) of section 99 (interpretation of Part 1), at the appropriate place insert—
““legal custody” has the meaning given by section 295 of the Criminal Procedure
(Scotland) Act 1995;”

4 Interpretation
In this Act—
“constable” has the meaning given by section 99(1) of the Police and Fire Reform
(Scotland) Act 2012;
“custody officer” means a police custody and security officer appointed under section 28
of the Police and Fire Reform (Scotland) Act 2012;
“legal custody” has the meaning given by section 295 of the Criminal Procedure (Scotland)
Act 1995.

5 Commencement
This Act comes into force on the day after Royal Assent.

6 Short title
The short title of this Act is the Death in Custody (Scotland) Act 2019.