Prevention of Future Deaths reports · 2021
Regulation 28 report to prevent future deaths, reference 2021-0140, written 5 May 2021. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 5 May 2021 |
|---|---|
| Reference | 2021-0140 |
| Deceased | Shane Gilmer |
| Coroner | Professor Paul Marks |
| Coroner area | County of the East Riding of Yorkshire and City of Kingston-Upon-Hull |
| Category | Police related deaths · Product related deaths · Product related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | none published |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
ANNEX A REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1) NOTE: This form is to be used after an inquest. REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. The Right Honorable Priti Patel, Her Majesty’s Principal Secretary of State for the Home Department. 2. Kit Malthouse, Minister of State for Crime & Policing 1 CORONER I am Professor Paul Marks, H.M. Senior Coroner for the County of the East Riding of Yorkshire and City of Kingston-Upon-Hull 2 CORONER’S LEGAL POWERS I 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. 3 INVESTIGATION and INQUEST Following an Inquest opened on the 13 January 2018 and an inquest hearing at HM Coroner's Court on the 12 April 2021 heard before Professor Paul Marks, BA LLM MD FRCS in the Coroner's Area for The City of Kingston upon Hull and the County of the East Riding of Yorkshire, the jury concluded that Shane Adrian Gilmer was unlawfully killed. 4 CIRCUMSTANCES OF THE DEATH Main Street Shane Adrian GILMER was shot by a man using a crossbow at Southburn, in the East Riding of Yorkshire on the evening of Friday 12th January 2018. The injuries sustained from the crossbow caused damage to the right forearm, liver, kidney and lumbar spine in which the head of the bolt was firmly lodged and these injuries resulted in catastrophic blood loss. He was transported to Hull Royal Infirmary by ambulance and despite treatment at the scene, whilst en route and at the hospital suffered a cardiac arrest from which he could not be resuscitated and died at 00:15 on Saturday 13th January 2018. The medical cause of death determined by a Home Office Forensic post mortem examinations was: 1(a) Crossbow bolt wounds to torso and right arm 1 5 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: – Evidence was heard from all police witnesses who were called, that unlike shotguns and firearms, which are subject to regulation and a record of ownership, no such provision applies to crossbows. The Crossbows Act 1987, as amended, controls the possession of crossbows by persons under 18 years throughout the United Kingdom. Once sold there is no on-going control, record or licensing requirement for these weapons, unlike those in place for firearms and shotguns, pursuant to the Firearms Act 1968 as amended. The police have no record of who owns crossbows, how they are stored, the number that are in circulation in the community and so forth, yet evidence was heard about the power and lethal capabilities of these weapons, as well as the fact that they are essentially silent. Over the last few years, there have been some high profile incidents and killings that have involved the use of these weapons and the present case is unfortunately another example. 6 ACTION SHOULD BE TAKEN In my opinion, action should be taken to prevent future deaths and I believe you and your ministers have the power to take such action. In my opinion, you should consider a review of existing legislation, including the Crossbows Act 1987 and the Offensive Weapons Act 2019 with the intention of regulating the sale and possession of these lethal weapons, which can currently be purchased over the counter or via the internet by any person over the age of 18 years. Currently, they are not subject to any form of license or certificate or requirement for their sale and possession to be recorded and details held by the police, as is the case with shotguns and sporting rifles. I believe that you and your Department have the power to take such action. 7 YOUR RESPONSE You are under a duty to respond to this report within 56 days of the date of this report, namely by 30th June 2021. I, 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. 8 COPIES and PUBLICATION I have sent a copy of my report to the Chief Coroner and to the following Interested Persons- Family and Yorkshire Ambulance Service. I have also sent it to the following who may find it useful or of interest. of Ison Harrison representing , The Gilmer , Labour Shadow Home Secretary , Chief Constable Humberside Police , Police and Crime Commissioner for Humberside 1. 2. 3. 4. Councillor 5. Councillor 6. Dr 7. 8. 9. Graham Stuart, MP for Beverley and Holderness , Hull City Council Leader , East Riding Council Leader , Faculty of Forensic and Legal Medicine 2 10. Andrew Percy, MP for Brigg and Goole 11. The Rt.Hon. Sir Greg Knight, MP for East Yorkshire 12. , Hull West and Hessle 13. The Rt.Hon. David Davis, Haltemprice and Howden 14. 15. Karl Turner, MP for Hull East 16. Diana Johnson, MP Hull North I am 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 release or the publication of your response by the Chief Coroner. 9 5th May 2021 3
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