POLICE officers involved in the arrest of Sheku Bayoh could refuse to answer questions at an inquiry into the Fife man's death after the Crown Office knocked back a plea not to use their evidence in any future prosecutions.

Earlier this month, Lord Bracadale, the chair of the probe into the 2015 death, said that for him to "reach the truth of what happened” he would need the 12 named officers not to exercise the right against self-incrimination.

He wrote to the Crown, asking prosecutors for undertakings that the serving and former officers to be questioned, not have any evidence they give to the inquiry used against them in the future. 

Mr Bayoh's family opposed the move. In a statement, they said: "If these officers have nothing to hide, then they have nothing to fear from coming and giving evidence to the inquiry."

The 31-year-old died after being restrained by officers who were responding to a call in Kirkcaldy, Fife.

His family have long claimed that race played a part in his death. 

Lord Bracadale is considering issues including the circumstances of the death, the post-incident management and the extent to which events leading up to and following Mr Bayoh’s death were affected by race.

In his appeal to the Crown, Lord Bracadale said his task was “to search for the truth through the evidence.”

“That will involve a consideration of the whole evidence, making of findings in fact and drawing inferences from proved facts,” the retired judge said.

He added: “Each of the officers and former officers is a crucial witness in respect of highly important and potentially controversial aspects of the terms of reference.

“The exercise of the right against self-incrimination by these witnesses would be likely to have a profound effect on my ability to reach the truth of what happened.”

He continued: “I have committed to ensure that the family of Sheku Bayoh are at the heart of this inquiry. They have a strong interest in hearing the fullest account of what happened on May 3,  2015, leading to the death of Sheku Bayoh.

“The full evidence of the key witnesses is essential to achieving that. In the absence of the undertakings, the family are most unlikely to hear the full evidence of the officers.”

However, Solicitor General Ruth Charteris QC said she it was not in the public interest to grant that request.

She said: “I respect the request from the inquiry and the views of the core participants in relation to this.

“Prosecutors must consider all cases on their individual facts and circumstances and act in the public interest.

“I have considered all the information available to me, and I am not currently satisfied that it is in the public interest to grant the undertakings.

“It is not known if officers will invoke their right to claim privilege against self-incrimination.

“Nor is it known what impact any such claim would have on the totality of the evidence available to the inquiry.

“I will give individual consideration to any future request for an undertaking should it become clear that the inquiry will be prevented from fulfilling its terms of reference.”

Lord Bracadale had also sought an undertaking from Fiona Taylor, Deputy Chief Constable of Police Scotland, that she would not seek to rely on evidence given to the inquiry by an officer in any future disciplinary proceedings against that officer arising from the events of May 3.

She declined to give such an undertaking.

The Deputy Chief Constable said: “Police officers should not and do not need to seek assurances from me in relation to giving full and frank testimony to the Public Inquiry. They have a duty to do so and the public expects it.

“In addition, given that the Solicitor General has decided not to provide an undertaking in relation to potential criminal prosecution, I have to consider my own legal obligations under the 2014 Conduct Regulations which require me to refer any matter to the Crown Office and Procurator Fiscal Service which may infer criminality on the part of a police officer.

“Therefore, I have declined to give an undertaking.”

Lord Bracadale said: “I acknowledge the decisions of the Solicitor General and Deputy Chief Constable, published today, in respect of the request for undertakings.

“It is a matter entirely for the Solicitor General and Deputy Chief Constable whether or not to give the undertakings sought. I note that the Solicitor General has left open the possibility of revisiting the issue of whether to give undertakings on an individual basis to officers involved.

“Consequently, I will now seek statements from each of the officers to ascertain how much information they are willing to provide to the inquiry without undertakings from the Solicitor General. Once those statements have been obtained by my team, I will assess how best to proceed.

“The inquiry is fully committed to ascertaining the truth of how Sheku Bayoh died on 3 May 2015 and will keep all options open with a view to retrieving the fullest possible evidence in relation to events that day.

“The inquiry has already obtained statements previously provided by the officers as part of more than 30,000 pieces of evidence currently being considered.”