SHERIFFDOM OF SOUTH STRATHCLYDE DUMFRIES AND GALLOWAY AT AIRDRIE UNDER THE FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 DETERMINATION OF SHERIFF T.S.MILLAR Following an inquiry into the death of CATHERINE THOMSON A Fatal Accident Inquiry into the death of Catherine Thomson has found that her death could have been avoided if an assessment of risk to the community had been carried out prior to the granting of short leave to John Campbell. Catherine Thomson died on the 22 August 2005 at 11 Fernleigh Place, Moodiesburn, Glasgow. The cause of death was a stab wound to the right side of the neck, penetrating the jugular vein, the main vein draining blood from the head. The stab wound, along with other injuries sustained by Catherine Thomson, were inflicted by John Campbell, a serving prisoner at H.M.Prison, Castle Huntley, while he was on a short leave and unsupervised. On 27th August 2002 he was sentenced to 8 years in prison on two charges of assault to severe injury and permanent disfigurement. That offence was committed shortly after his early release on licence from a previous prison sentence. The Inquiry was called by the Procurator Fiscal on the instructions of the Lord Advocate in terms of S.1(1) (b) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 which provides for such an investigation to take place if the circumstances give rise to serious public concern. The Sheriff considered the evidence and submissions over a period of five days between the 3 rd and 24 th September 2007 at Airdrie Sheriff Court. Main Findings John Campbell’s conviction and sentence rendered him subject to High Supervision Level for twelve months from 27 August 2002. However, he was reduced to Medium Supervision Level on 9 May 2003. Mr. Campbell had not been assessed for appropriate courses or programmes, or had not completed such, prior to the Review in December 2004. He had not met the criteria for review of his Supervision Level prior to that time and should have been on High Supervision Level until then. The Sentence Management Review documents from December 2004, show that, at that time, and for the first time, John Campbell met the criteria for review of his supervision level which normally would be of one level. At that time he could have been reduced to Medium Supervision and would not therefore have met the criteria for transfer to the Open Estate. Instead he was wrongly reduced to Low Supervision Level. An apparent gap in the records maintained by the Scottish Prison Service, show that there are no records from the time of the review in December 2004 to June 2005. Once transferred to Castle Huntly, John Campbell was eligible for, among other things, unsupervised home leave. Officers at Castle Huntly assumed a Low Supervision Level to equate to low risk to the community and failed to carry out an assessment of risk on the granting of short leave. The system of assessment of suitability of a prisoner for short release did not operate effectively in that there was no assessment of risk to the community carried out at H.M. Prison Castle Huntly, as was at that time required. It was assumed that such assessment had been carried out elsewhere. Personal Officers had a crucial role in the reports for the Community Access Risk Assessment but had no training in Risk assessment. The process was seen as a “rubber stamping” of a procedure believed to have been carried out elsewhere. This attitude was endemic in that establishment. As a result, no real attempt at an assessment of risk to the community was carried out prior to Mr. Campbell’s approval for short leave. • A reasonable precaution whereby the death might have been avoided would have been the carrying out of an assessment of risk to the community prior to the granting of short leave to John Campbell, and the granting of same if said risk was minimal or manageable . Having been granted his leave, John Campbell then had a positive drugs test for two substances. Two separate Officers dealt with Mr. Campbell after this Drug Test prior to his short leave. Having provided a positive test, for two substances (details of which are not recorded) a further risk assessment should have been carried out. • A further reasonable precaution would have been the re-assessment of any such risk following a positive Drug Test and to suspend the operation of any short leave approved prior to the carrying out of such re-assessment. The final system failure at Castle Huntly was in respect of the search prior to leaving with Reliance for Glasgow. This was described as a pat down and search of baggage. The search of the prisoner prior to leaving Castle Huntly was not thorough and a more careful search may have discovered that Mr. Campbell was leaving with substantially more cash than he was entitled to have on his person. The only other matter relevant to Catherine Thomson’s death was the drink and drug abuse by John Campbell during his period of leave. It was apparent to his family, and a number of others, that John Campbell had taken drink and drugs. This was in breach of his conditions of licence and should have led to his immediate recall to prison. Further Responses to Submissions Having regard to Mr. Campbell’s record, including the nature and timing of the offences, it was reasonably foreseeable that he would be involved in further violent offending on his release. No consideration was given to his previous convictions nor that many had been committed while on licence. Where an offender is detected, convicted by the Court and sentenced, the public have a right to expect that that offender will remain in custody for the period of his sentence unless the risk to the community by his release has been properly assessed and the offender will be effectively supervised upon his release. This is not necessarily in conflict with the rehabilitation of the offender. Preparation for release, vocational training, programmes to manage behaviour and addictions are all very worthy and are to be encouraged, but they should only be utilised when balanced against the risk factor to the community each may raise. The protection of the public against reasonably apprehended risk should be paramount. This has already been recognised and steps taken to minimise risk to the community. Integrated Case Management involves interaction between the various agencies and the prisoner so a more rounded and balanced approach is taken. The systems for assessment of risk and in respect of positive drugs tests have altered since August 2005. Everyone described these as better or more robust procedures. The changes, particularly the emphasis on community safety, are welcome. If implemented fully, these should minimise the risk of a repeat of these tragic events. NOTE This summary is provided to assist in understanding the Court’s decision. It does not form part of the reasons for that decision. The full report of the Court is the only authoritative document. The full Fatal Accident Inquiry determination is now available at this location : http://www.scotcourts.gov.uk/opinions/millar.html .