Prevention of Future Deaths reports · 2019

Luke Jones

Regulation 28 report to prevent future deaths, reference 2019-0409, written 3 Dec 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report3 Dec 2019
Reference2019-0409
DeceasedLuke Jones
CoronerJohn Gittins
Coroner areaNorth Wales (East and Central)
CategoryAlcohol, drug and medication related deaths · State Custody related deaths · Wales prevention of future deaths reports (2019 onwards)
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

John Adrian Gittins
Senior Coroner for North Wales (East and Central)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO: HMP Berwyn and the Ministry of Justice c/o A2 MOJ
Private Law Litigation, Government Legal Department, One Kemble Street, London WC2
4Ts

CORONER

| am John Adrian Gittins, Senior Coroner for North Wales (East and Central)

CORONER'S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and
regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.

INVESTIGATION and INQUEST

On the 34 of April 2018 | commenced an investigation into the death of Luke Morris Jones
(DOB 4.10.95 DOD 31.3.18) The investigation concluded at the end of the inquest held with a
jury on 29"" November 2019. The conclusion of the inquest was that it was a “drug related death
in circumstances where a systemic failure in HMP Berwyn’s systems for preventing drugs
entering the prison contributed”. The cause of death was recorded as being 1(a) Ventricular
Cardiac Arrhythmia (b) Due to taking a synthetic cannabinoid

CIRCUMSTANCES OF THE DEATH

Luke Morris Jones was a prisoner at HMP Berwyn. On the 31° of March at around 18.08 he was
found unresponsive in his room after smoking a novel psychoactive substance and despite
medical intervention this resulted in his death which was confirmed at the Maelor Hospital
Wrexham the same day.

CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concern. In my
opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it
is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

The report of the Prisons and Probation Ombudsman highlighted that there were concerns
regarding the accessibility of drugs within HMP Berwyn and notwithstanding that certain
measures had been taken at HMP Berwyn (namely in relation to the installation of a Rapiscan to
test some of the incoming mail), evidence at the inquest confirmed that the continuing availability
and use of novel psychoactive substances.

Coroner's Office, County Hall, Wynnstay Road, Ruthin, LL15 1YN
Tel 01824 708047

By way of example, the evidence of the prison GP indicated that at least one instance of a
prisoner being intoxicated was reported to him each day which he worked and as a result |
consider it highly probable that the combination of the accessibility of NPS and the significant
risks which they pose to health will be the cause of future deaths at the prison.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe you have the power
to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
29" January 2020. |, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken, setting out the
timetable for action. Otherwise you must explain why no action is proposed.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the Family of the Deceased

lam also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary form. He
may send a copy of this report to any person who he believes may find it useful or of interest.

You may make representations to me, the coroner, at the time of your response, about the
telease or the publication of your response by the Chief Coroner.

Dated 3rd December 2019

Signature
Senior Coroner for North Wales (East and Central)

Coroner's Office, County Hall, Wynnstay Road, Ruthin, LL1IS 1YN
Tel 01824 708047

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Hm Prison and Probation Service (PDF)
Amy Rees  
Director General of Probation and Wales 
 HM Prison and Probation Service 
3rd Floor Churchill House 
Churchill Way 
Cardiff CF10 2HH 

e-mail: 

Mr John Adrian Gittins 
HM Senior Coroner for North Wales 
(East and Central) 
Coroner’s Office, County Hall 
Wynnstay Road 
Ruthin 
LL15 1YN 

21 January 2020 

Dear / Annwyl Mr Gittins, 

Thank  you  for  your  Regulation  28  Report  of  3  December  2019  addressed  to  HMP  Berwyn  and 
Ministry of Justice, following the inquest into the death of Luke Jones at the prison on 31 March 2018. 
I am responding on behalf of Her Majesty’s Prison and Probation Service (HMPPS). 

I  know  that  you  will  send  a  copy  of  this  response  to  the  family  of  Mr  Jones  and  I  would first  like  to 
express my condolences for their loss. Every death in custody is a tragedy and the safety of those in 
our care is my absolute priority. 

You have expressed concern about the continuing availability and use of psychoactive substances at 
Berwyn. I share your concern, and would like to assure you that we continue to work at both national 
and local levels to tackle the availability and use of psychoactive substances within our prisons. 

The national Prison Drug Strategy, published in April 2019, sets out the measures that we are taking. 
The core aim of this strategy and our surrounding activity is to reduce the impact of drugs and alcohol 
in  prisons  by  restricting  supply,  reducing  demand  and  building  recovery.  Each  prison  is  required  to 
use  this  and  an  accompanying  guidance  document,  to  develop  a  local  strategy  that,  applies  the 
national  approach to  their  particular  circumstances,  setting  out  how  they  will  minimise  the  supply  of 
drugs  to  the  establishment,  and  work to identify  residents  with drug and  alcohol  issues  and provide 
them  with a  range  of services to  help them to  overcome their  substance  misuse  problems  and  lead 
healthier, crime-free lives both in prison and in the community. 

At  a  local  level,  in  recognition  of  the  dangers  posed  by  the  use  of  psychoactive  substances,  the 
Governor  of  Berwyn  and  the  Regional  Substance  Misuse  lead  for  HMPPS  Wales  have  revised  the 
prison’s Drug Strategy. This primarily focuses on restricting the availability of illicit items, ensuring that 
there are appropriate consequences for those found in possession, and offering appropriate support 
for dependent users. 

Sophisticated intelligence systems that are designed to reduce the supply of illicit substances into the 
prison involve collaboration with a range of HMPPS and Police colleagues. As you know, a Rapiscan 
machine  is  now  in  place  which  has  vastly  improved  the  detection  of  contraband  items.  The 
introduction of improved gate searching, changes in the supervision of domestic visits and support for 

 
 
 
 
 
 
 
   
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 safe  detoxification  of  men  on  reception  are  all  part  of  the  prison’s  efforts  to  limit  the  availability  of 
drugs.  The  mandatory  drug  testing  procedures  have  also  been  extended  to  cover  two  more 
psychoactive substance tests in line with national policy. The extended tests will help indicate if some 
of the emerging psychoactive substances presently not in the testing range of HMPPS are being used 
at Berwyn. 

Intelligence and information sharing is crucial to restricting availability, and the Governor can draw on 
the Regional Dedicated Search Team when there is intelligence to suggest that prisoners are involved 
in  the  drug  culture.  The  consequences  for  those  found  in  possession  of  illicit  items  should  be  a 
deterrent,  and  can  include  additional  days  being  added  to  sentences.  Any  person  suspected  of 
substance misuse use is referred to the substance misuse service for support and prescribed clinical 
management using an agreed care pathway. The prison is also focusing on educating prisoners of the 
risks  associated  with  the  use  of  psychoactive  substances,  as  part  of  its  broader  work  to  promote 
health and wellbeing. 

Thank  you  again for  bringing your  concerns  to my  attention,  and  I  hope  that this  response  provides 
assurance that action is being taken. 

Yours sincerely / Yn gywir 

Amy Rees 
Director General of Probation and Wales, HM Prison and Probation Service 
Cyfarwyddwr Cyffredinol y Gwasanaeth Prawf a Chymru, Gwasanaeth Carchardai a Phrawf EM

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