The Sheku Bayoh inquiry won’t examine why police were not prosecuted, despite family requests. Investigations continue.
Sheku Bayoh died in police custody in 2015. About six officers restrained him after police were called to Kirkcaldy, Fife. The Crown Office didn’t prosecute officers involved.
Bayoh’s family wanted the inquiry expanded to include the Crown’s decisions not to prosecute. The inquiry already covers the circumstances of the death. It also looks at if race was a factor in the incident.
The family accused the government of stonewalling and felt ignored by ministers. Lord Bracadale urged Forbes to decide after hearings finished in October 2024, leading to Forbes’s recent announcement of her decision.
Forbes said the inquiry’s remit stays the same, offering her deepest condolences to the family. She acknowledged she can amend the terms if needed. However, she maintains it’s not in the public interest to extend it now, considering the inquiry began almost five years ago.
Forbes hopes the chair can give findings quickly, emphasizing that an inquiry cannot rule on criminal liability. Only the Crown Office or the Solicitor General can reconsider prosecution in this case.
According to Forbes, the current terms are broad enough to allow for a thorough report. This report will include findings on the investigation and cover Bayoh’s race as a factor.
Forbes made the call after careful thought and consideration of the consultation points. Bayoh’s family knows her decision. The inquiry heard 122 days of evidence and will now move to closing arguments.
Lord Bracadale will write his report soon, understanding that the decision will upset the family, who remain at the heart of the inquiry. The inquiry thoroughly examined terms already. There is still important work to finish, and his team will announce timelines later.