The inquiry into the death of Sheku Bayoh in police custody will not be extended to examine why no prosecutions were brought against the police involved, despite calls for the Deputy First Minister to do so.
Kate Forbes made the announcement on Tuesday, February 25, following a consultation process, saying it is not in the public interest.
Mr Bayoh, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015.
The Crown Office decided not to take legal action against the police involved in the incident following an investigation.
Mr Bayoh’s family had urged Ms Forbes to extend the terms of reference of the public inquiry investigating the circumstances of the 31-year-old’s death, and whether race was a factor, to also include the Crown’s decisions not to bring any prosecutions in 2018 and 2019.
They accused the Scottish Government of “stonewalling” them after their request, saying it was “deeply insulting” ministers were “ignoring” them and inquiry chairman Lord Bracadale, who urged Ms Forbes to make a decision after evidential hearings concluded in October 2024, several weeks after the request was first made.
However Ms Forbes announced that the remit of the inquiry will remain unchanged. She said: “Mr Bayoh’s family continue to have my deepest condolences.
“As set out in legislation, I may amend the terms of reference if I consider the public interest requires this. The inquiry’s terms of reference were announced in May 2020 and I have decided it is not in the public interest to extend the remit almost five years later and after evidential hearings have concluded.
“I hope that it is now possible for the chair to deliver his independent findings and recommendations as soon as possible.
“In all circumstances, a public inquiry is not permitted to determine or rule on civil or criminal liability. Only the Crown Office can reconsider prosecution and the Solicitor General has reserved the right to do so.
“I am confident that the terms of reference, as announced in 2020, are sufficiently broad to allow the chair to present a substantial report with detailed findings and recommendations – including on the investigation and the extent to which Mr Bayoh’s actual or perceived race was a factor.”
Ms Forbes said she had reached the decision after careful consideration of all points raised during a consultation process. Mr Bayoh’s family and other parties involved have been informed of her decision.
The inquiry, which has heard 122 days of evidence, will now move to closing submissions. Lord Bracadale has pledged he will then prepare his final report without delay.
He said: “Scottish ministers have decided not to extend the terms of reference for the inquiry, rejecting Mr Bayoh’s families’ request.
“I recognise that this decision will disappoint Mr Bayoh’s families. They are at the heart of this inquiry, and I want to reassure them that the existing terms of reference have been thoroughly examined over 122 days of evidential hearings.
“There is much important work for the inquiry still to do, not least proceeding with closing submissions that were postponed while we awaited a decision. My team and I are working at pace and will announce timescales in due course.”