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Police withdraw legal action over Bayoh inquiry

Bayoh Family Sheku Bayoh is sitting in a bar in a dark shirt, smiling while looking at the camera.Bayoh Family
Sheku Bayoh, a father of two, died in 2015 after being restrained by police

Police Scotland is no longer seeking a judicial review over possible moves to widen a public inquiry into the death Sheku Bayoh in police custody.

Mr Bayoh died after he was restrained by around six police officers in Kirkcaldy, Fife, on in May 2015.

Ministers have been urged to extend the terms of reference of the inquiry, prompting Police Scotland to apply for judicial review to ensure such a change would be "lawful".

The force has now confirmed the matter has been "resolved" without the need for legal proceedings.

The public inquiry is investigating the circumstances of the 31-year-old father-of-two's death and whether race was a factor.

The Crown Office and Procurator Fiscal Service (COPFS) decided not to take legal action against the officers involved in the 2015 incident.

The family's lawyer, Aamer Anwar, has called for Deputy First Minister Kate Forbes to extend the terms of reference to include how the COPFS made its decisions.

PA Media Joe Farrell, a woman with short brown hair, in a close-up shot. She is visible from the shoulders up and is wearing a white shirt with police badges on the shouldersPA Media
Chief Constable Jo Farrell had applied for a judicial review

On Sunday, it emerged Chief Constable Jo Farrell had "reluctantly" applied for a judicial review.

Police Scotland was said to have concerns about the sharing of "relevant material", which the force said made it "impossible" for it to properly engage with the consultation on the proposed extension.

However, the force has since released a statement saying the government has provided further details about the process.

Deputy Chief Constable Alan Speirs said: "The information received means we are now able to more fully engage in the process to consider the application to extend the terms of reference of the public inquiry without the need for further legal proceedings.

"Police Scotland continues to fully support the inquiry in order to provide answers for Sheku's family and friends."

'Humiliating climbdown'

A statement released on behalf of the Bayoh family welcomed Police Scotland's announcement, describing it as a "humiliating climbdown".

They said a judicial review would have been a "desperate last throw of the dice by Police Scotland to further delay proceedings and block the truth finally being revealed".

The statement said the abortive legal action had been a "shameful waste of public money".

It added that the family hopes the government will make the "right decision" and allow the inquiry to be expanded.