Scottish Prison Service admits unlawful death in custody in Allan Marshall case
Court of Session hears that police, prosecutors and the prison service apologise after a decade-long inquiry into the 2015 death
The Scottish Prison Service has admitted that Allan Marshall’s death in custody in 2015 was unlawful, a concession also accepted by the Crown Office and Police Scotland. The admission was made at the Court of Session in Edinburgh, where Marshall’s family heard that the level of force used during his arrest and confinement went beyond what was necessary. Marshall, 30, died four days after being restrained by prison officers at HMP Edinburgh while on remand.
Marshall had been on remand for unpaid fines and breach of the peace when he experienced a mental health crisis. He was moved to the segregation unit after becoming agitated. CCTV evidence showed him being dragged and restrained by up to 17 officers, with some officers using their feet. Plastic restraints were used. The court heard there was never any need for force and he should have received medical attention instead of confrontation.
The KC acting on behalf of Scottish ministers and the Scottish Prison Service said the admission carries significance and gravity given Marshall’s status as a person in custody. The SPS said it has learned from the incident and sought to improve how it supports staff and keeps people safe. A spokesperson offered condolences to Marshall’s family.
Marshall’s aunt Sharon MacFadyen told reporters outside the Court of Session that the family had waited ten years for the admission. They described the moment as almost unreal, saying it felt like they were in a daze.
Police Scotland Chief Constable Jo Farrell said the investigation following Marshall’s death in 2015 fell below the standard required and apologized to the family, offering condolences for their loss. The family’s lawyer, Barbara Bolton, said the SPS should have publicly apologised earlier and that the admissions were long overdue, but welcomed the outcome of the case.
An unpublished Crown Office review seen by BBC Scotland in 2024 said a decision not to prosecute the prison officers was incorrect. The Crown Office said it has undertaken significant reforms since Marshall’s case and that bereaved families can expect investigations to be pursued with vigor and expertise.
The Crown Office’s reform efforts and the joint admissions by state bodies underscore ongoing scrutiny of use-of-force policies and investigations within Scotland’s custodial system, a matter of broad concern for human rights advocates and the families affected.
