Cops giving proof at an inquiry into the dying of Sheku Bayoh won't be shielded from potential prosecution, certainly one of Scotland's most senior legal professionals has dominated.
However the transfer means officers would possibly refuse to present proof on the grounds that they might incriminate themselves in the event that they have been discovered to have damaged the regulation.
A public inquiry will open in Could into the dying of the 31-year-old in Could 2015 after he was restrained by police who have been responding to a name in Kirkcaldy, Fife.
The inquiry requested the Crown to present undertakings to 12 named officers that it won't use any proof they supply towards them in any prosecution which could come up over the occasions surrounding Mr Bayoh's dying, and the post-incident administration.
Nonetheless, Solicitor Basic Ruth Charteris QC stated she will not be happy that it's within the public curiosity to grant that request.
She stated: "I respect the request from the inquiry and the views of the core members in relation to this.
"Prosecutors should take into account all circumstances on their particular person details and circumstances and act within the public curiosity.
"I've thought of all the data out there to me, and I'm not at the moment happy that it's within the public curiosity to grant the undertakings.
"It isn't recognized if officers will invoke their proper to assert privilege towards self-incrimination.
"Neither is it recognized what impression any such declare would have on the totality of the proof out there to the inquiry.
"I'll give particular person consideration to any future request for an endeavor ought to it develop into clear that the inquiry shall be prevented from fulfilling its phrases of reference."
Attorneys for the Scottish Police Federation and officers concerned within the case beforehand stated they needed an endeavor that no proof given to the inquiry by any officer could be used towards them in any felony proceedings, or when deciding if they need to face prosecution.
A preliminary listening to for the inquiry earlier this yr heard that with out such an endeavor some officers may refuse to reply questions on Mr Bayoh's dying.
Lord Bracadale had additionally sought an endeavor from Fiona Taylor, Deputy Chief Constable of Police Scotland, that she wouldn't search to depend on proof given to the inquiry by an officer in any future disciplinary proceedings towards that officer arising from the occasions of Could 3.
She declined to present such an endeavor.
Lord Bracadale stated: "I acknowledge the choices of the Solicitor Basic and Deputy Chief Constable, revealed immediately, in respect of the request for undertakings.
"It's a matter fully for the Solicitor Basic and Deputy Chief Constable whether or not or to not give the undertakings sought.
"I observe that the Solicitor Basic has left open the opportunity of revisiting the difficulty of whether or not to present undertakings on a person foundation to officers concerned.
"Consequently, I'll now search statements from every of the officers to determine how a lot info they're keen to offer to the inquiry with out undertakings from the Solicitor Basic.
"As soon as these statements have been obtained by my staff, I'll assess how finest to proceed.
"The inquiry is totally dedicated to ascertaining the reality of how Sheku Bayoh died on 3 Could 2015 and can hold all choices open with a view to retrieving the fullest doable proof in relation to occasions that day.
"The inquiry has already obtained statements beforehand offered by the officers as a part of greater than 30,000 items of proof at the moment being thought of."
Aamer Anwar, solicitor for the Bayoh household, beforehand stated that any menace that an officer wouldn’t testify with out these protections was an “astonishing place”.
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