To ask the Scottish Executive whether the Lord Advocate will pursue criminal action against those who allegedly falsified the information relating to suicide watches in HM Prison Kilmarnock, as reported in the BBC documentary broadcast on 9 March 2005 and in the findings of the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock in January 2002 when it was stated in evidence that such watch logs were falsified regularly.

Colin Boyd QC:

I refer the member to the answer to question S2W-15477 answered on 18 April 2005. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

I have considered the findings of the fatal accident inquiry into the death of James Barclay in HM Prison Kilmarnock on 11 January 2002. Two prison officers gave evidence at the inquiry in relation to falsifying watch logs. Prior to them giving evidence, the Procurator Fiscal granted both officers immunity from any future criminal prosecution arising from the circumstances leading up to the death of James Barclay. He did this as he could not conceive of a situation whereby they would face criminal charges arising from the circumstances surrounding the death of James Barclay, but wanted to ensure that the inquiry received the fullest account possible of relevant events. Although it would not be open to the Crown to bring criminal charges in light of that grant of immunity, the Procurator Fiscal was correct in concluding that there was no basis for criminal proceedings against them.

In addition there is no basis for criminal proceedings against those prison officers alleged, in terms of a BBC documentary, to have falsified information relating to suicide watches in HM Prison Kilmarnock.