BBC obtains footage in Allan Marshall custody death case

New CCTV footage shows events before Allan Marshall was restrained at HMP Edinburgh. Marshall, from Lanarkshire, died on 28 March 2015, four days after the incident on 24 March.

The restraint took place at HMP Edinburgh, also known as Saughton, while Marshall was on remand. As many as 17 prison officers were involved, Marshall was held face down, and plasticuffs were applied while he was prone. He died from brain damage caused by oxygen starvation and cardiac arrest. The Fatal Accident Inquiry also recorded multiple injuries, including cuts, bruises and scraped skin on the tops of his feet.

The inquiry’s 2019 determination found Marshall’s death was "entirely preventable" and described officers’ evidence as "mutually and consistently dishonest". It also recorded that the fatal episode unfolded between 07:48 and 08:28 on the morning of 24 March 2015. The inquiry recommended that the Scottish Prison Service bring its control-and-restraint manuals up to date and keep staff training under regular review.

In 2024, Marshall’s family launched human-rights action against the Scottish Prison Service, Police Scotland and the Crown Office over a breach of Article 2 of the European Convention on Human Rights, the right to life. JustRight Scotland lawyers say the Crown’s decision to grant immunity to prison officers left civil action as one of the few routes still available.

In September 2025, the Scottish Prison Service admitted causing Marshall’s death through "unnecessary and excessive forcible restraint" and apologised. Police Scotland and the Crown Office also admitted failing to properly investigate the death and ensure those responsible were held accountable.

Marshall had been in prison amid a mental health crisis and had a heart problem when officers moved to restrain him. He died later at Edinburgh Royal Infirmary in Little France.