Anthony McCarthy died on 28 September 2020 at HMP Kilmarnock.

Sheriff Colin Bissett stated in his determination: “At no time following his reception to Kilmarnock did Mr McCarthy’s conduct give rise to a suspicion that he was using drugs.

He added: “His denials of ongoing substance misuse, made in confidence to medical professionals, were not disclosed to the prison authorities. They were nevertheless consistent with his presentation to those authorities. No intelligence was received to indicate that Mr McCarthy was in possession of, or at risk from, consumption of illicit drugs.

“Therefore, no system of working relative to the detection and prevention of drugs misuse within the prison can be said to have been defective on these facts.”