The family of Sheku Bayoh want a health and safety prosecution against Police Scotland.
The call came after today’s meeting with the Lord Advocate, Frank Mulholland, one year after the Kirkcaldy man died while in police custody.
The death of Mr Bayoh (31) is the subject of an on-going investigation by independent police watchdog, the Police Investigations Review Commissioner (PIRC).
Today, members of the Bayoh family meet with Mr Mulholland, and raised the issue of a prosecution.
They also want a wider public inquiry to be launched into deaths in custody.
Mr Bayoh’s death will be the subject of a fatal accident inquiry (FAI), but the final report from PIRC is still said to be several months from being submitted.
Aamer Anwar, the family’s lawyer, insists an FAI is ‘‘the barest minimum’‘ step that could be taken following a death in custody.
He said: ‘‘Ultimately this case is a test of whether our system of justice is capable of holding the most powerful institution in our country, Police Scotland, to account.
“For Sheku’s family there can be no compromise on this.
Now the family want the Health and Safety Executive to consider a potential prosecution of Police Scotland over “restraint techniques, lack of training, and use of sprays and batons” on Mr Bayoh.
He added: “The family has also asked the Lord Advocate with the Scottish Government to consider widening the remit of the inquiry as a public inquiry under the Inquiries Act so that it can deal with the wider concerns of deaths in custody that an FAI will not be able to do.”