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Minister in open prison statement Hawk jail transfer 'unacceptable'
(1 day later)
Justice Secretary Kenny MacAskill will attempt to address concerns over Scotland's open prison system, after a serious offender went on the run. A serious offender who went on the run from an open prison should not have been sent there in the first place, the justice secretary has said.
Brian Martin, known as "The Hawk", absconded from Castle Huntly open jail, near Dundee, last Monday, just three weeks after being transferred there. Kenny MacAskill said prison service officials failed to follow newly tightened guidelines in the case of Brian Martin, known as "The Hawk".
The 51-year-old, who later handed himself in, is serving 10 years for firearm offences. He absconded from Castle Huntly open jail, near Dundee, just three weeks after being transferred there.
Mr MacAskill is making a statement to parliament, amid opposition concern. Mr MacAskill told Holyrood that the situation was not acceptable.
The Scottish Government has repeatedly supported the use of open prisons to help prisoners reintegrate into the community. He also announced an independent review of the case.
Previous convictions Martin, from Ballingry, Fife, had four months added to his sentence after he admitted absconding from Castle Huntly on 18 May.
But Labour, the Conservatives and the Liberal Democrats have demanded to know why Martin was transferred to Castle Huntly from Shotts Prison three years into his sentence. The 51-year-old, who later handed himself in after seven days on the run, is serving 10 years for firearm offences.
Martin, from Ballingry, Fife, has had four months added to his sentence after he admitted absconding from Castle Huntly on 18 May. Disciplinary action
In 2006, he was convicted for firing a gun during an argument at a house in Fife. Mr MacAskill told parliament that, had the guidelines been followed, it was likely Martin - who previously absconded 22 years ago - would not have been transferred to the open prison.
The justice secretary said former prison governor Prof Alec Spencer would carry out a review of the case - and did not rule out disciplinary action against staff, depending on its findings.
"If the process had been properly followed, the likelihood is that Martin would not have been transferred to the open estate," said Mr MacAskill.
The Scottish Prison Service has apologised for what was described as a failure in its "information-sharing processes" and has asked a governor from another jail to launch an internal review.
It would appear that the process I put in place following the Foye case last year was not in this instance properly followed by staff within the SPS (Scottish Prison Service) Kenny MacAskillJustice secretary
In 2006, Martin was convicted for firing a gun during an argument at a house in Fife.
At the time of that offence, he had been out on licence from a 12-year jail term for assault, robbery and firearms offences.At the time of that offence, he had been out on licence from a 12-year jail term for assault, robbery and firearms offences.
Wednesday's statement to parliament will not be the first time opposition parties have put pressure on Mr MacAskill to appear before MSPs to address issues with Castle Huntly.
In March last year, the justice secretary apologised to a schoolgirl in Cumbernauld who was raped by another prisoner - Robert Foye - after he absconded from the open prison.In March last year, the justice secretary apologised to a schoolgirl in Cumbernauld who was raped by another prisoner - Robert Foye - after he absconded from the open prison.
Prison inspectors later said the case led to improvements in Scotland's open jails, while ministers have pointed out that absconding rates are at an all-time low. The case led to a tightening of the rules, and prison inspectors later said the case led to improvements in Scotland's open jails.
The action included a presumption against returning absconding prisoners to open prisons.
Mr MacAskill said: "It would appear that the process I put in place following the Foye case last year was not in this instance properly followed by staff within the SPS (Scottish Prison Service.)
"This is not a situation which I, or indeed any of use, will find acceptable."
'Embarrassing day"
Scottish Labour called on Mr MacAskill to admit his responsibility.
Justice spokesman Richard Baker said: "Kenny MacAskill said after the Robert Foye case that 'mistakes would be learned from'.
"In the case of Brian Martin this has evidently not happened."
Tory justice spokesman Bill Aitken said: "This has been an embarrassing day for Mr MacAskill.
"Having spent last week assuring everybody that Mr Martin had never absconded before - as if that made everything okay - he has had to admit today that he got that wrong.
"To describe the whole affair as a 'glitch' is breathtaking complacency. This 'glitch' could have cost somebody their life."
Liberal Democrat justice spokesperson Robert Brown said: "We must make sure that prisoners are only transferred to the open estate after properly robust risk assessments have taken place.
"But the reality is that the open estate plays an important role in rehabilitating certain prisoners for re-introduction into society.
"It's important that the justice secretary gets this right, which is why Liberal Democrats support an independent review into what went wrong at Castle Huntly."