Scottish Prison Service admits breaching human rights in Allan Marshall’s death

Scottish Prison Service admits breach of human rights law by causing Allan Marshall’s death through unlawful restraint, while the Lord Advocate (Crown Office) and Police Scotland admit failing to carry out an adequate investigation, including granting prison officers an amnesty that ruled out criminal charges, breaching human rights law.
In an unprecedented Court of Session hearing on Friday 26 September 2025, the Prison Service admitted to causing Allan Marshall’s death through unnecessary and excessive restraint at HMP Edinburgh in March 2015, breaching his right to life under Article 2 of the ECHR.

Read the full press release here, along with the Minutes of Admissions lodged for the first defender (Scottish Ministers on behalf of the Scottish Prison Service) and for the second and third defenders (the Lord Advocate / Crown and Police Scotland).

JustRight Scotland is a Scottish Charitable Incorporated Organisation (SC047818) which provides legal services through its limited liability partnership, JustRight Scotland LLP which trades as JustRight Scotland (SO305962). This firm has been authorised to act as solicitors by the Law Society of Scotland (Registered No 53703).

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