Source · Prevention of Future Deaths

Luke Myers

Ref: 2015-0292 Date: 20 Jul 2015 Coroner: Andre Rebello Area: Liverpool 1 response identified · 1 indexed addressee View PDF

AI-generated concerns summaryHMP Liverpool miscalculated a prisoner's extended sentence, which was a likely factor in their death, and the coroner questions if other prisoners sentenced during that period might also have incorrect sentences. Additionally, two prison discipline staff members had significantly outdated first aid training.

Date 20 Jul 2015

56-day deadline 14 Sep 2015 stated in the report

Responses identified 1 of 1

State Custody related deaths

Coroner's concerns

AI summary

HMP Liverpool miscalculated a prisoner's extended sentence, which was a likely factor in their death, and the coroner questions if other prisoners sentenced during that period might also have incorrect sentences. Additionally, two prison discipline staff members had significantly outdated first aid training.

View full coroner's concerns

(1) HMP Liverpool miscalculated Luke Myer’s extended sentence of 12 years from November 2012 by erroneously applying Section 226A CJA 2003 and with regard to parole section 246A CJA 2003. The sentence was under section 227 CJA 2003 – Are there any other prisoners sentenced at that transitional time who believe they have a longer sentence than the law prescribed? Luke Myers tried to clarify his length of sentence during his life and it was only clarified during his inquest. The jury found this was a likely factor in his death.

(2) During the course of the inquest evidence was heard from two members of Prison discipline staff that they had last been trained in first aid respectively 10 and 6 years ago. In other circumstances this could have had an effect on the outcome. At night officers can be lone working on a wing and presumably you would agree that it would be desirable for any such officer to be first aid trained. First aid training in low hazardous work place environments is usually certified for three years before refresher requalification is needed. You consideration and plan for first aid training in prisons would be very welcome.

Responses

1 respondent

Ministry of Justice

Central Government

Letter dated 14 Sep 2015 PDF

AI-classified response stance Action Taken

AI-generated response summary

• Staff at HMP Liverpool reviewed sentence calculations for the current population. • First aid training is being provided to all Custodial Managers carrying out orderly officer duties. • Operational Support Grade staff will also receive first aid training.

View full response

Dear Mr Rebello Thank YOU for vour Regulation 28 report dated 20 2015 addressed to Michael Spurr, Chief Executive of the National Offender Management Service (NOMS) concerning the recent inquest into the death of Luke Myers on February 2013. Your letter has been passed to the Equality, Rights and Decency in NOMS a5 we have responsibility for policy on suicide prevention and self harm management ad for sharing learning from deaths in custody: have consulted with the Governor of HMP Liverpool in formulating this response; Your letter raises two concerns: Staff at HMP Liverpool miscalculated Luke Myer'$ extended sentence and mav have done so in other cases can confirm that staff in the Offender Management Unit at HMP Liverpool have reviewed the sentence calculations for the current population and found no other prisoners to have a miscalculated sentence First Aid Training Individual establishments carry out a risk assessment to determine how many, and which, staff should be trained in 'First Aid at work'_ HMP Liverpool has 24 hour healthcare cover; and this is sufficient to meet the identified needs: All nursing staff are qualified nurses and hold an 'Intermediate life support' qualification as part of their training: In addition, first aid training is being provided to all Custodial Managers who carry out orderly officer duties_ ensuring that there be an additional trained member of staff on duty at all times, and Operational Support Grade staff will also be trained, hope this provides you with assurance that the matters of concern that vou have identified have been fully addressed Yours sincerelv July Group will

Report sections

Investigation and inquest

On 08/02/2013 I commenced an investigation into the death of Luke Myers, 24 . The investigation concluded at the end of the inquest on 17 July 2015. The conclusion of the inquest was that: At 06.45 on 4/2/13 Luke Myers was found in his cell I-4-13, hanging from a bunk-bed by a ligature fashioned from a leather belt, which Luke had tied to the top rail of the bunk-bed, and had fastened the buckle end around his neck. Luke was in a single occupancy cell and should not have had the leather belt in his possession. Luke was troubled by the length of his sentence, and also a pending adjudication relating to a server incident, and these are more than likely a relevant factor in Luke putting himself in a potentially fatal position, but it is unclear as to his intentions. At the time of Luke's death he was on an open ACCT document and was observed at regular intervals throughout the day and night. Luke was last seen alive at 05.10 on 04/02/13. When Luke was found he was cut down from the bunk-beds and efforts were made to resuscitate him. These efforts were unsuccessful. Luke was pronounced dead at 07.05 on 04/02/13. At 06.45 on 4/2/13 Luke Myers was found in his cell I-4-13, hanging from a bunk-bed by a ligature fashioned from a leather belt, which Luke had lied to the top rail of the bunk-bed, and had fastened the buckle end around his neck. Luke was in a single occupancy cell and should not have had the leather belt in his possession. Luke was troubled by the length of his sentence, and also a pending adjudication relating to a server incident, and these are more than likely a relevant factor in Luke putting himself in a potentially fatal position, but it is unclear as to his intentions. At the time of Luke's death he was on an open ACCT document and was observed at regular intervals throughout the day and night. Luke was last seen alive at 05.10 on 04/02/13. When Luke was found he was cut down from the bunk-beds and efforts were made to resuscitate him. These efforts were unsuccessful. Luke was pronounced dead at 07.05 on 04/02/13.

The cause of death found was 1a Hanging

Circumstances of the death

Luke Myers was on an open ACCT process commenced on the 30/01/13. A previous ACCT was closed with a post closure interview on 22/01/15. His mother had died when he was 3 years old and he had ended up within the care system. He self-injured as a distraction. He suffered from a depressive illness and his history involved severe and multiple adversities at the more severe end of clinical practice. He was concerned about the length of his sentence as he did not want history to repeat itself with his own children growing up without a father as he had to without a mother. The prison had calculated his conditional release date as at 27/08/2021 and further that his parole eligibility date was 27/08/2018. The Court asked that the MOJ check for the correct dates and it was only during the inquest that it was confirmed that the conditional release date should have been 25/02/2017 and the parole process did not apply at all. Luke was also concerned about whether adjudication with regard to an altercation with an officer at a food servery could have resulted in added days. The adjudication was due for hearing on the day of Luke’s death 04/02/2013.

Gerard Majella Courthouse, Boundary Street, Liverpool, Merseyside, L5 2QD Tel 0151 225 5770 | Fax 0151 207 4522

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Report details

Reference: 2015-0292
Date of report: 20 July 2015
Coroner: Andre Rebello
Coroner area: Liverpool

Responses identified

Responses identified 1 of 1

All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 14 Sep 2015 (stated in the report).

Sent to

National Offenders Management Service

Source links

Judiciary.uk page → Report PDF →

Data: judiciary.uk.

Contains public sector information licensed under the Open Government Licence v3.0.