A public inquiry into the death of Sheku Bayoh in police custody will examine whether the actions of the officers were affected by his race.
The probe into the death of the trainee gas engineer from Fife will also focus on how Police Scotland managed the aftermath of the incident.
The details emerged after the inquiry’s terms of reference were published by the Government.
Bayoh died in Kirkcaldy in 2015 after he was restrained by up to nine police officers using CS spray, pepper spray and batons.
Police had responded to reports of a man wielding a knife in the town centre.
The 31-year-old dad, who had taken the drugs MDMA and Flakka, was found to have suffered nearly 25 separate injuries.
His family criticised the actions of the police and an investigation by the Police Investigations and Review Commissioner (PIRC) was also blasted.
It was announced in January that retired judge Lord Bracadale, who jailed David Gilroy for murder and ex-MSP Tommy Sheridan for perjury, would head a public inquiry into the death.
Justice Secretary Humza Yousaf, in announcing the terms of reference, said the inquiry’s remit included establishing the circumstances surrounding Bayoh’s death.
It will also examine the “post incident management process” as well as the decision not to make any prosecutions.
The remit also states: “To establish the extent (if any) to which the events leading up to and following Mr Bayoh’s death, in particular the actions of the officers involved, were affected by his actual or perceived race.”
Yousaf said: “When I announced in November that a public inquiry was to be held, I said then that it is imperative that the circumstances leading up to Mr Bayoh’s death and the events that followed are examined in full and in public. I am pleased that today brings us a further step closer to that.
“I met with key parties, including the family of Mr Bayoh, to discuss the approach to the terms of reference. While they do not feature all of the issues raised with me during my discussion, the terms of reference do focus on the incident and are sufficiently broad enough to allow the chair to look at wider issues he may consider relevant to the inquiry.”
Lord Bracadale said: “I welcome the announcement of the terms of reference of the public inquiry. I believe that they will enable my inquiry to conduct a thorough examination of the circumstances surrounding the death of Mr Bayoh and the wider issues arising. I understand the impact which the Covid-19 pandemic has inevitably had on preparation for the inquiry and look forward to being able to make progress in due course.”
Solicitor Aamer Anwar, on behalf of the Bayoh family, said:
"The Bayoh family welcomes the unprecedented and wide ranging terms of reference now published for the Public Inquiry. Sheku’s loved ones have long believed that the Crown Office and PIRC betrayed their struggle for justice, but they hope this inquiry will robustly search for the truth and hold power to account. I pay tribute to the courage and perseverance of Collette (Sheku’s partner) and Sheku’s family without whom this inquiry would never have been possible. ”
