Sheriff criticises police over dumping man in cell who should have been hospitalised

A sheriff has criticised police officers over the death of an injured man two years ago who was put in police custody instead of being taken to hospital.

Sheriff Simon Collins QC said officers should have sought medical help for James Milne, 54, instead of dumping him naked in a cell The Herald reports.

He added that officers failed to respect his “basic human dignity” as they swore about his drunken state.

Mr Milne was held by police following a disturbance at home where he lived with his brother, Ewan Milne, at Kinloch Rannoch in Perth and Kinross.

Ewan Milne was taken to hospital while James Milne was taken to Perth Police office even though he had a head injury.

In a fatal accident inquiry report, Sheriff Collins said the man was left sitting on the floor of the police van for a prolonged period where he urinated himself.

He died a weak later of a heart attack caused by heart disease he developed from chronic alcoholism.

Sheriff Collins stated in the report: “The deceased’s general treatment by these officers… at Perth Police office was, however, a cause of concern to me.”

He added: “I am quite clear that the deceased should not have been admitted to police custody without his first being medically assessed.”

Chief superintendent Garry McEwan of police custody custody division, said: “Police Scotland acknowledges the publication of the report following the Fatal Accident Inquiry into the death of James Milne. In 2013 Mr Milne became unwell whilst in police custody and later passed away in hospital. My sympathies remain with his family.

“I fully acknowledge the determinations and findings made by Sheriff Collins’ post the fatal accident inquiry and I have instigated a further review to compliment the initial full internal review undertaken post the events of May 2013.

“Each year approximately 170,000 people are taken into police custody having committed or being suspected of committing a criminal offence.”

He added: “Some of those individuals are amongst the most vulnerable in our society, it is vital we try and provide them with the best care and welfare possible. This is prioritised by enhanced training for custody staff and a set of Standard Operating Procedures which are subject to regular review and refresh to ensure my dedicated staff care for people in the best way possible.

“I also welcome the on-going inspections of our custody provision by independent, lay custody visitors who can access, without prior notice, any place a detainee is held.

“In the first six months of Police Scotland, 720 visits were carried out by lay visitors. We recognise that this is vital in supporting our commitment to the continuous improvement of the service we provide to people in custody.”