The Crown was "factually and legally incorrect" not to prosecute bin lorry driver Harry Clarke, says the family of one of his victims.

A lawyer representing relatives of Jacqueline Morton, one of six people to die when Mr Clarke's truck ploughed through Christmas shoppers last year in Glasgow city centre, said prosecutors made their decision without all the facts.

Mr Clarke was unconscious during the incident but a fatal accident inquiry (FAI) has heard that he lied about medical conditions that caused him to black out.

A representative for the Morton family said: "There is no basis in law for the suggestion that a prosecution for causing death by dangerous or careless driving would require to prove that it was foreseeable that the driver would suffer a loss of consciousness on the day of the collision. The law imposes no such requirement."

The representative suggested that the Crown had simply been defending its own actions when it issued a statement saying it would not prosecute Mr Clarke. She said the family would be making submissions at the end of the current FAI.

Scottish Labour Justice spokesman Hugh Henry called on the Crown to be more explicit about their reasoning.

He said: "Given what we have heard at the FAI, I can understand why many think it was premature to rule out a prosecution before the FAI started.

"It would help the families and the general public if the Crown Office offered a detailed explanation of their decision not to seek a prosecution whatever was said.

"That would allow the families to decide in light of the evidence given so far, whether the Crown Office made the right decision."

The Crown Office issued a statement in February saying that Mr Clarke did not have the "necessary criminal state of mind" for a criminal prosecution.

The statement said: "It is clear on the evidence at the time that the driver lost control of the bin lorry, resulting in the tragic deaths, he was unconscious and therefore not in control of his actions.

"He did not therefore have the necessary criminal state of mind required for a criminal prosecution.

"In addition, the Crown could not prove that it was foreseeable to the driver that driving on that day would result in a loss of consciousness.

"This still remains the case and all the relevant evidence regarding these points was known to Crown Counsel at the time the decision to take no proceedings was made."

Yesterday, a Crown Office spokesman said: “We don’t have anything further to add.”

The FAI, in Glasgow, has heard that Mr Clarke failed to disclose information about his medical history on several occasions.

He has a history of health issues including fainting and dizziness dating back to the 1970s, including fainting at the wheel of a stationary bus in April 2010.

The BBC, meanwhile, been criticised for screening an episode of ‘Casualty’ at the weekend which recalled major aspects of the Glasgow bin lorry disaster last Christmas.

Lawyers representing the family of one of the six pedestrians run over by a heavy goods vehicle accused the Corporation of insensitivity by running the story line while a major inquiry is taking place into the crash.

On the show, shown at prime time on Saturday night, a driver was seen to collapse at the wheel of his HGV, sparking a dramatic roadside crash.

He faints again in hospital – something that also happened to real-life driver Mr Clarke, 58.