Satellite tagging for killers in Scots open prisons

MURDERERS and rapists who are in Scotland's open prison system should be fitted with GPS tags to cut the chances of them going on the run, a major new report has concluded.

The investigation, ordered by the Scottish Government after an armed robber was allowed to abscond for a third time, concludes that the current system is failing. It has now recommended further safeguards to ensure that the most dangerous criminals do not simply walk free from the open estate, where there have been repeated and successful high-profile escapes in recent years.

Between 2002 and 2009 there were a total of 397 absconds from Huntly and Noranside.

The report by Professor Alec Spencer said long-term inmates must only be transferred from secure institutions with the approval of governors or their deputies. He also said there should no longer be a place for short-term inmates at Scotland's two open prisons.

His recommendations come in a review of the escape of Brian Martin, nicknamed "The Hawk", from Castle Huntly earlier this year. It found that tough new rules introduced last year governing how inmates are transferred were not followed by the Scottish Prison Service.

Prof Spencer found a catalogue of errors and oversights surrounding Martin's escape from the Dundee facility.

Despite clear warnings over his criminal record and history of escapes, police intelligence was "overlooked or ignored" by the specialist group who recommended his transfer from HMP Shotts, he said.

The report found that the panel of senior prison officers, psychologists, and social workers at Shotts who approved Martin's transfer had used the old versions of forms which should have been replaced when assessing his suitability for transfer to open estate. Despite the fact the 51-year-old's history of absconding was asked for, it was not included on the form. It was also found that warnings from Fife Constabulary that Martin, who was serving ten years for firearms offences, had previously escaped were not passed on to the relevant authorities.

Prof Spencer wrote: "The SPS will have to understand there is no force-field restraining a prisoner in open conditions while he bides his time waiting for further assessments, reports or management plans.

"Once transferred he is out of secure custody. If staff are uncertain about the risk he poses and want to leave it to the judgment and assessment of open prison staff, then he should not go."

The report has been broadly welcomed, although doubts remain whether it will be financially feasible to implement the recommendations in full.

Justice secretary Kenny MacAskill, who has come under pressure over the issue, said the government will consider the report's conclusions and respond in the autumn. But he also warned the SPS there must be no further "lapses", and accused the body of failing to follow "robust measures" he instigated in the wake of the case of Robert Foye, a prisoner who raped a schoolgirl while on the run from Castle Huntly.

Opposition parties fell short of their earlier calls for Mr MacAskill to step down, but Labour maintained yesterday that the public have "no faith" in the justice secretary's ability to fix a "broken system".

The report detailed other aspects of Martin's "extensive" criminal history, which included assault, robbery and theft, dating back to 1976.

Martin had also absconded from Noranside open prison in 1987 and slipped his prison escort at Bridge of Earn Hospital in 1989. He was jailed for three firearms offences and assault to injury and danger of life in 2006. Martin was transferred from a "top end" facility at HMP Shotts to Castle Huntly, near Dundee, in April and went on the run just weeks later.

The fugitive gave himself up to police one week later – but not before a damaging political row. However, Mr MacAskill made clear guidelines brought in after the escape had not been followed.

He said: "It is clear that Martin's previous absconding history was either overlooked or ignored when that decision was made. In all likelihood, if that information had been known, Martin would not have been transferred. I have made it clear to the SPS that this is not acceptable, and that such lapses must not be repeated."

A spokesman for the SPS said: "Prof Spencer has identified that the rigorous processes put in place last year for the transfer of prisoners to the open estate were not followed in this instance by SPS. We accept this and we are putting in place recommendations made by Prof Spencer to ensure that improvements are made to the process."

Richard Baker, Labour's justice spokesman, said: "The report makes it clear that the system is broken and changes will have to be made."

Tory justice spokesman Bill Aitken said: "The relaxed regimes in the open estates should be an opportunity for such prisoners to adapt to the concept of freedom, but they should not be without restrictions."

Reacting to the idea of tagging, he said: "If they are so dangerous and at risk of escaping that they need to be tagged, why are they in the open estate?"

Andrew Welsh, the SNP MSP whose Angus constituency includes Castle Huntly, said: "This lapse in standards must not happen again."

FACT BOX

THE key recommendations in the report are:

• Open prisons should only be used for long-term prisoners.

• GPS tagging should be considered for long-term prisoners in open conditions.

• An electronic "flag" should be placed on an offender's file to make staff aware of any history of escapes.

• The transfer of an inmate to an open prison must be approved and signed by the prison governor or the deputy governor.

• Prisoner record files should be reviewed prior to any transfer.

• A police liaison officer should attend the selection meeting into a transfer and provide any police intelligence input into the discussion.