Police Scotland is taking court action over the way the Scottish government is handling calls to extend the terms of reference of the inquiry into the death of a man in police custody.
Sheku Bayoh, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on 3 May 2015.
Scotland’s Deputy First Minister Kate Forbes has been urged to extend the terms of reference of the public inquiry, which is investigating the circumstances of the 31-year-old’s death and whether race was a factor.
Police Scotland said Chief Constable Jo Farrell had “reluctantly” applied for a judicial review to ensure the process behind any such extension is “lawful”.
The Crown Office and Procurator Fiscal Service (COPFS) decided not to take legal action against the police officers involved in the 2015 incident following an investigation.
The Bayoh family’s lawyer, Aamer Anwar, previously said they want Ms Forbes to extend the terms of reference to include how the Crown made its decisions.
Police Scotland has raised concerns about the way the proposed extension is being handled.
Deputy Chief Constable Alan Speirs said: “The death of Sheku Bayoh was, and remains, a terrible tragedy and the chief constable fully supports the inquiry with an approach of absolute candour in order to provide answers for Sheku’s family and friends.
“Police Scotland has written to the deputy first minister to outline an unfair approach in the ongoing process in relation to the proposed extension to the inquiry’s terms of reference.
“This includes a failure to share relevant material which has made it impossible for the service to properly engage with the Scottish government’s consultation.”
He added that Police Scotland had “no desire to enter legal proceedings”.
A spokesperson for the Crown Office said: “COPFS continues to be supportive of the inquiry and is respectful of the position of the Bayoh family and other inquiry participants.
“The Crown examined the death of Sheku Bayoh in great detail and has reserved its right to prosecute.”
A Scottish government spokesperson said they are aware of the proceedings.
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