Crown declines undertakings over Bayoh inquiry evidence

The Solicitor General for Scotland has declined a request from the chair of the Sheku Bayoh Inquiry to provide undertakings on the use of evidence heard by the inquiry in any potential future prosecutions.

Crown Office has confirmed that the Crown has reserved its right to prosecute in all matters related to this case.

Inquiry chair Lord Bracadale had asked that the Crown give undertakings to 12 named police officers that it would not use against them evidence which they provided to the inquiry in any future prosecution arising out of the events in which Mr Bayoh died in Kirkcaldy Police Station in 2015, and the post-incident management.

In a statement explaining his request, he said he was satisfied that without these undertakings "the inquiry is likely to be seriously impeded in fulfilling its function in relation to the terms of reference. I am satisfied that in the absence of undertakings officers and former officers would be highly likely to exercise their right against self-incrimination and would not give full, frank and uninhibited evidence to the inquiry".

He made it clear that he was not seeking immunity from prosecution should evidence against individual officers emerge from sources other than themselves.

Solicitor General Ruth Charteris QC said in response: "I respect the request from the inquiry and the views of the core participants in relation to this.

"Prosecutors must consider all cases on their individual facts and circumstances and act in the public interest.

"I have considered all the information available to me, and I am not currently satisfied that it is in the public interest to grant the undertakings."

She added that it was not known whether officers would invoke their right to claim privilege against self-incrimination, or what impact any such claim would have on the totality of the evidence available to the inquiry. She concluded: "I will give individual consideration to any future request for an undertaking should it become clear that the inquiry will be prevented from fulfilling its terms of reference."

Read the Solicitor General's full letter here.

Police Scotland have also declined to give undertakings that any evidence would not be used in any subsequent police disciplinary procedures. 

In a further statement acknowledging the decisions Lord Bracadale said: "It is a matter entirely for the Solicitor General and Deputy Chief Constable whether or not to give the undertakings sought. I note that the Solicitor General has left open the possibility of revisiting the issue of whether to give undertakings on an individual basis to officers involved. Consequently, I will now seek statements from each of the officers to ascertain how much information they are willing to provide to the inquiry without undertakings from the Solicitor General. Once those statements have been obtained by my team, I will assess how best to proceed."

He affirmed that the inquiry was "fully committed to ascertaining the truth of how Sheku Bayoh died on 3 May 2015 and will keep all options open with a view to retrieving the fullest possible evidence in relation to events that day. The inquiry has already obtained statements previously provided by the officers as part of more than 30,000 pieces of evidence currently being considered".