THE family of Sheku Bayoh is set to find out whether Police Scotland or any of the nine police officers linked to his death in custody will face prosecution.

Relatives represented by Aamer Anwar will ask Lord Advocate James Wolffe QC if criminal charges will be pursued at a Crown office meeting on Monday.

Bayoh, a trainee gas engineer, died at the age of 31 after being restrained by officers responding to reports of a man behaving erratically and waving a knife in Kirkcaldy on May 3, 2015.

The Police Investigations and Review Commissioner (Pirc) completed its investigation into the death and reported to the Lord Advocate in August 2016, but the Lord Advocate is yet to rule out criminal prosecutions of the officers involved.

Bayoh’s family has already been critical of Police Scotland, the Crown Office and the Pirc over what they say has been a lack of clarity from the authorities.

A statement on behalf of the Bayoh family from Anwar read: “Sheku’s family lost confidence a long time ago in the ability of the Pirc to carry out a robust and impartial investigation, yet they have tried desperately to maintain confidence in the present Lord Advocate and his team.

“On Monday, questions will be asked of the Lord Advocate by the Bayoh family on whether he will finally pursue criminal charges.”

A total of nine officers came into contact with Bayoh on the day of his death. Initial responders on the scene used CS and pepper spray, while another officer drew their baton.

He suffered 23 separate injuries including a cracked rib, head wounds consistent with baton strikes and petechial haemorrhages, or burst blood vessels in the eyes, which can be a sign of positional asphyxia or suffocation. The official cause of death was recorded as intoxication by ecstasy and another drug known as “flakka” while being restrained.

Bayoh’s family renewed calls for a public inquiry on the fourth anniversary of his death earlier this year. Such a probe, or a Fatal Accident Inquiry, is expected to be held if the Crown Office decides against criminal prosecutions.

An earlier appeal by the family in December 2018 came after BBC Scotland broadcast previously unseen CCTV footage of Bayoh’s arrest that appeared to contradict police accounts of the incident.

Anwar described the case as a “fundamental test of the accountability of those who claim to be our guardians of law and order”.

He asked: “Had those who restrained him been civilians and not police officers, they would have automatically been treated as suspects?

“Would it have taken the Lord Advocate four years and six months to establish whether any of the civilians were culpable for his death?

“Would the Lord Advocate have used the tired excuse, that the ‘complexity of the case’ is behind the unacceptable delays in reaching his conclusion?”

Bayoh’s family announced in 2018 that they are also suing Police Scotland for £1.85 million, claiming that the death could have been avoided and alleging the manner of restraint “was not reasonable, proportionate or necessary”.