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'Rules not followed' in Hawk case 'Rules not followed' in Hawk case
(41 minutes later)
Rules were not followed when a violent criminal, who later went on the run, was transferred to an open prison, an independent review has concluded.Rules were not followed when a violent criminal, who later went on the run, was transferred to an open prison, an independent review has concluded.
Brian Martin, known as "The Hawk", absconded from Castle Huntly, near Dundee, last month.Brian Martin, known as "The Hawk", absconded from Castle Huntly, near Dundee, last month.
Recently introduced guidelines state inmates should not be moved to open jails if they have absconded before. Recently-introduced guidelines state inmates should not be moved to open jails if they have absconded before.
Martin had absconded from an open jail in 1987 and he escaped from Perth Prison during a hospital visit in 1989.Martin had absconded from an open jail in 1987 and he escaped from Perth Prison during a hospital visit in 1989.
Martin, 51, from Ballingry, Fife, had only been in Castle Huntly for three weeks when he went on the run on 18 May.Martin, 51, from Ballingry, Fife, had only been in Castle Huntly for three weeks when he went on the run on 18 May.
He had previously been in Shotts prison serving a 10-year sentence for assault and firearms offences after firing a gun during an argument at a house in Fife.He had previously been in Shotts prison serving a 10-year sentence for assault and firearms offences after firing a gun during an argument at a house in Fife.
A week after absconding he handed himself into police.A week after absconding he handed himself into police.
It appears that nine members of the Shotts Multi-Disciplinary Progression Group (MDPG) overlooked the fact that Martin had previously absconded Prof Alec Spencer
The rules on who is suitable for a place in an open prison had been changed after the case of Robert Foye, who raped a schoolgirl while on the run from prison. He had also absconded before.The rules on who is suitable for a place in an open prison had been changed after the case of Robert Foye, who raped a schoolgirl while on the run from prison. He had also absconded before.
It is clear that Martin's previous absconding history was either overlooked or ignored when that decision was made Kenny MacAskillJustice secretary
The justice secretary Kenny MacAskill commissioned a review into Martin's case, which was carried out by Professor Alec Spencer, a former prison governor.The justice secretary Kenny MacAskill commissioned a review into Martin's case, which was carried out by Professor Alec Spencer, a former prison governor.
Prof Spencer's report states that the panel considering Martin's transfer had used the wrong type of form when assessing his case. Prof Spencer's report stated that the panel considering Martin's transfer had used the wrong type of form when assessing his case.
Information highlighting his history of absconding was also not contained on that form, although it was asked for.Information highlighting his history of absconding was also not contained on that form, although it was asked for.
Fife Constabulary had also warned that Martin had previously escaped, but that information was not passed on to the relevant people.Fife Constabulary had also warned that Martin had previously escaped, but that information was not passed on to the relevant people.
'Open conditions' There were also warnings in his case files about about his criminal history and previous escapes.
The report concludes: "It appears that nine members of the Shotts Multi-Disciplinary Progression Group (MDPG) overlooked the fact that Martin had previously absconded.
"However, the offence of 'Prisonbreaking (Escape from lawful custody)' was written on the front page of each of his initial and two annual Integrated Case Management (ICM) reviews.
"Police intelligence (received after the provisional decision to transfer was taken at the 3 March meeting) also indicated Martin as an 'Escaper'.
"This information appears not to have been brought to the MDPG's attention and was not taken into account when the final decision to transfer Martin to open conditions was taken. Indeed, it is not clear when or whether a final decision was made."
Mr Spencer made nine recommendations aimed at tightening the decision making process on prisoner transfers to open jails.Mr Spencer made nine recommendations aimed at tightening the decision making process on prisoner transfers to open jails.
They include that governors or deputy governors should approve transfers; a police liaison officer should attend the decision meetings; research into the benefits of open prisons and the best time to transfer prisoners should be carried out; and that long-term prisoners should not be put in open jails any earlier than one year before their parole qualification date. They included that governors or deputy governors should approve transfers; research into the benefits of open prisons and the best time to transfer prisoners should be carried out; and that long-term prisoners should not be put in open jails any earlier than one year before their parole qualification date.
He also suggested that GPS tagging be considered to monitor long-term prisoners when they were out in the community on home or work release.
'No faith'
In response to the report, Mr MacAskill said: "It is clear that Martin's previous absconding history was either overlooked or ignored when that decision [to transfer him] was made.
"In all likelihood, if that information had been known, Martin would not have been transferred.
"In other words, the more robust measures I instigated after the Robert Foye case were not followed by Scottish Prison Service staff on this occasion.
"I have made it clear to the SPS that this is not acceptable, and that such lapses must not be repeated."
He stated that Mr Spencer's recommendations would be considered and a response given in the autumn.
Labour's shadow justice secretary Richard Baker said: "The report makes it clear that the system is broken and changes will have to be made.
"Kenny MacAskill told us that after the Robert Foye case lessons would be learned and he would change the system. This report makes it clear that he has singularly failed.
"The public has lost confidence in Kenny MacAskill, they have no faith that he is the man to fix the broken system that he established and they have no confidence in his ability to sort this mess out."
A spokeswoman for the Scottish Prison Service (SPS) said: "Professor 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 Professor Spencer to ensure that improvements are made to the process."