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HMP Grampian guards could not have prevented prisoner’s death, inquiry finds

Alan Hastings died in his cell after it had been checked by guards. Image: Police Scotland/ DC Thomson
Alan Hastings died in his cell after it had been checked by guards. Image: Police Scotland/ DC Thomson

An inquiry into the death of a prisoner in his cell at HMP Grampian has found that no actions by guards could have prevented it.

Alan Hastings, 53, died on the morning of January 21 2021 after two prison officers had carried out morning checks and deemed him fit.

When they returned to deliver a carton of milk sometime later they found Hastings, from Kintore, unresponsive in bed and he was declared dead soon after.

As is mandatory for any death in custody, a fatal accident inquiry was held in October last year and the findings have now been published.

The inquiry, before Sheriff Christine McCrossan, was told that while the prison officers carried out “unlocking” that morning, they did not see Hastings’ face nor did they receive a verbal response from him.

Instead, he raised his hand and they then moved along to the next cell.

Hastings’ widow had voiced concerns that her husband could have been “lying ill and unattended in his cell for some hours” prior to his death, which was caused by coronary heart disease.

Death could not ‘realistically have been avoided’

In her findings, Sheriff McCrossan said that although the unlocking procedures may not have been carried out “scrupulously” by the prison officers, she believed that Hastings’ death could not “realistically have been avoided” even if the proper steps had been taken.

The sheriff added that she was “satisfied” Hastings had got himself up that morning after gesturing to the guards.

She pointed to evidence that the cell television had been switched on and the carton of milk had been moved from the doorway as evidence that Hastings had got out of bed after the prison officers first unlocked his cell.

However, as a result of Hastings’ death, HMP Grampian has now revised its unlocking and locking procedure.

Prison officers must now ensure they see the face of each prisoner and get a verbal response before moving on.

One of the guards who found Hastings spoke in positive terms about him.

“He was a very well-liked prisoner and caused no bother at all,” he told the inquiry. “He was quiet but I would say he knew how and when to speak up.

“I had a really good relationship with Alan and had a lot of time for him.”

Hastings’ widow wrote to the Scottish Prison Service after her husband’s death and the FAI was told “it is clear from this letter that Mr Hastings was deeply loved by his family
and will be sorely missed”.

Accused was jailed for transporting drugs

Hastings was jailed for five years and three months on August 28 2019 after he used his haulage firm to transport Class A drugs worth nearly £600,000.

On one occasion, Hastings delivered a package of heroin worth a potential £487,000 to an address in Dundee.

He followed this by transporting £100,000 of cocaine in Larkhall.

Hastings pled guilty to being involved in the sale and supply of illegal substances at the High Court in Glasgow in 2019.

Following this, he was imprisoned at HMP Barlinnie but was soon after transferred to HMP Grampian, which was closer to his family.

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