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Police Scotland is taking court action over the way the Scottish government is handling calls to extend the terms of reference of the inquiry into the death of a man in police custody.<\/p>\n
Sheku Bayoh, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on 3 May 2015.<\/p>\n
Scotland’s Deputy First Minister Kate Forbes has been urged to extend the terms of reference of the public inquiry, which is investigating the circumstances of the 31-year-old’s death and whether race was a factor.<\/p>\n
Police Scotland said Chief Constable Jo Farrell had “reluctantly” applied for a judicial review to ensure the process behind any such extension is “lawful”.<\/p>\n<\/div>\n
The Crown Office and Procurator Fiscal Service (COPFS) decided not to take legal action against the police officers involved in the 2015 incident following an investigation.<\/p>\n
The Bayoh family’s lawyer, Aamer Anwar, previously said they want Ms Forbes to extend the terms of reference to include how the Crown made its decisions.<\/p>\n<\/div>\n
Police Scotland has raised concerns about the way the proposed extension is being handled.<\/p>\n
Deputy Chief Constable Alan Speirs said: “The death of Sheku Bayoh was, and remains, a terrible tragedy and the chief constable fully supports the inquiry with an approach of absolute candour in order to provide answers for Sheku’s family and friends.<\/p>\n
“Police Scotland has written to the deputy first minister to outline an unfair approach in the ongoing process in relation to the proposed extension to the inquiry’s terms of reference.<\/p>\n
“This includes a failure to share relevant material which has made it impossible for the service to properly engage with the Scottish government’s consultation.”<\/p>\n
He added that Police Scotland had “no desire to enter legal proceedings”.<\/p>\n
A spokesperson for the Crown Office said: “COPFS continues to be supportive of the inquiry and is respectful of the position of the Bayoh family and other inquiry participants.<\/p>\n
“The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute.”<\/p>\n
A Scottish government spokesperson said they are aware of the proceedings.<\/p>\n<\/div>\n