Sheriff orders changes to police procedures after two men die in custody

A sheriff has recommended changes to police procedures after two men died while in custody.

Declan Gallacher, 23, and David Berry, 51, lost their lives at police stations in Clydebank, West Dunbartonshire and Glasgow’s Govan, respectively.

Mr Gallacher passed away on December 23, 2018, from alcohol and drug consumption.

After Mr Gallacher’s death, a fundraiser set up to help with his funeral costs raised more than £3,000.

A message on the fundraiser at the time read: “Declan sadly passed away in a custody cell in a police station. He leaves behind a devastated family that needs their community’s help in this time of need.

“We as a family can’t thank people enough for their support during the saddest of times. Thank you from the bottom of our hearts.”

Mr Berry died as a result of a seizure related to epilepsy, as well as cardiac enlargement and alcohol abuse.

A joint fatal accident inquiry took place at Glasgow Sheriff Court into the deaths.

The probe was told that Mr Gallacher had been arrested amid claims he was abusive to police officers.

An officer noticed during an observation of his cell during the night that he had vomited on him after he suffered a seizure.

Mr Gallacher received CPR from officers until paramedics arrived, but he failed to respond to treatment.

He was pronounced dead at 4.22am.

Mr Berry was taken into custody having been ill at hospital and became abusive to officers.

He was checked during the night and was moved while sleeping on the toilet on to a bed but remained responsive.

Around 11.29am on July 11, he was found unresponsive in his cell, having had a seizure.

He did not respond to treatment from medics and died within his cell.

Sheriff Michael Hanlon made a total of seven recommendations to Police Scotland.

This included mandatory strip searches being recorded and communicated to the prisoner and officer.

The sheriff also recommended that the National Custody System be updated to introduce a mandatory field for the processing of prisoners, confirming that system checks of all relevant databases has been completed for each prisoner.

Another recommendation is that a custody officer can access a system to choose the most appropriate regime for visits without having to change the level of constant observation to a lower level.

The sheriff also asked that Police Scotland give written formal guidance on the maximum ratio of observing officers to prisoners under constant observation.

It was recommended that a formal break policy be put in place for officers who constantly observe prisoners, which will also be recorded.

A sixth recommendation was to introduce a module on constant observations complete with what the duty entails, risks involved and signs to look out for.

The final recommendation was for Police Scotland and the NHS healthcare hub to review is guidance to officers.

This includes greater clarity in deciding whether a referral should be made and if there is any wait time for a health care professional to attend.

The sheriff concluded: “This Inquiry has focused upon the deaths of Mr Gallacher and Mr Berry while they were in lawful police custody.

“As such, I have set out the background circumstances to each of their arrests.

“However, I am aware that the experiences which may have led them to that point in their lives, their importance to those they have left behind, and the sadness which the latter feel could never by captured by any determination I make.

“I do however, wish to record the patience and dignity with which the families of both approached the Inquiry process.

“Finally, I join with parties in expressing my sincere condolences to each family for their respective losses.”