Dorothy Bain KC

Ms Bain represented the family of Mr Bayoh when she was at the bar. It has now emerged that she challenged the decision of her predecessor, James Wolffe KC, that no charges would be brought in relation to the death.

Due to her previous involvement, however, she will not make any decision on criminal charges when the public inquiry concludes. This decision will be made instead by the solicitor general, Ruth Charteris KC.

Aamer Anwar, the family’s solicitor, said: “The Solicitor General [Ruth Charteris KC], will make the calls, but it is hard to see how she can dismiss the conclusions drawn by Scotland’s chief prosecutor. I am an optimist, and I think there is overwhelming evidence that this should end with the police facing criminal charges over Sheku’s death.”

Mr Bayoh, 31, was born in Sierra Leone but had lived in Scotland since the age of 11. He was a trainee gas engineer with two sons. He died after he was restrained by police officers.

His death raised concerns over institutional racism in the police force. He had been confronted and restrained in the street after officers received calls about a man behaving unusually.

Mr Bayoh’s family were stunned by claims of the police that he had behaved violently, was possibly a drugs dealer, or had been thought to be a terrorist. Furthermore, neither independent witnesses nor CCTV footage support the police’s claim that he stamped on a female officer.

The public inquiry into his death took place seven years later and is still in the early stages.

His sister Kadi Johnson told The Sunday Times: “It’s justice that my family wants. Sheku’s two boys have been deprived of a loving father. He has been demonised, criminalised, and I have to fight to kill that image because it’s not true, and it’s not been an easy fight. It’s taken a heavy toll on me and my family.”

She said: “From the very start we were lied to and treated with contempt rather than respect.”

The Crown Office said: “The evidence currently available would not justify criminal proceedings. The Crown has reserved the right to prosecute should evidence in support of that become available.”