The Scottish Police Federation (SPF), which represents rank-and-file officers, has sought a judicial review of Lord Bracadale’s role, claiming private meetings he held with Mr Bayoh’s family were inappropriate and had “torpedoed the independence of the chair”.

Mr Bayoh, a 31-year-old father of two, died in Kirkcaldy in 2015 after being restrained on the ground by six officers using CS gas, pepper spray, batons and leg and arm restraints. A public inquiry into his death, and whether race was a factor, was announced in 2019.

Lord Bracadale, a retired judge appointed in 2020, has said he will not step down despite SPF calls for his replacement, insisting there was “no possibility” of bias. This followed a June hearing examining the five meetings, which he described as “private but not secret” and not unfair to the inquiry.

SPF general secretary David Kennedy said: “It wasn’t a step we wanted to take but we’ve no option now. We’ll wait to see what the courts say. We just want this to be fair to the police officers involved and what’s transpired isn’t fair.”

He added that the federation wanted a different judge appointed “who is not going to have what could be perceived as bias”.