Scottish Government
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Open prisons in Scotland

The Scottish Government today published its response to the Spencer Report into the circumstances surrounding Brian Martin's abscond from the Open Estate in May last year.

The response shows that, of the nine recommendations for change made by Professor Spencer, the Scottish Prison Service has accepted seven - with five already implemented. The remaining two, longer term, recommendations will be considered alongside the findings of research currently being carried out into the rehabilitative effects of temporary and early release.

Recommendations to further tighten the assessment process for moving prisoners to open conditions are already being put in place by the Scottish Prison Service.

Mr MacAskill said:

"The process for transferring prisoners to open conditions was tightened significantly as a result of the measures I instigated after the Robert Foye case. We have already seen a substantial reduction in the number of absconds from the Open Estate, from 79 in 2006-07 to just 16 in 2008-09.

"Regrettably, elements of those tighter procedures were not applied to the consideration of Brian Martin's suitability for transfer to open conditions. As a result of his abscond from HMP Castle Huntly on May 18, I asked Professor Alec Spencer to carry out a review of the decision to send Brian Martin to open conditions and the issues highlighted as a consequence.

"I am pleased today to show just how much progress has already been made in implementing Professor Spencer's recommendations. All his recommendations and suggestions were aimed at ensuring that the robust processes introduced in the light of the Foye case continue to be properly applied - and in some aspects tightened even further.

"I am sure that the Scottish Prison Service will apply the revised process rigorously. However, and while the rate of absconds has fallen dramatically, the Scottish Government will never be complacent about public safety. That is why I have asked Her Majesty's Chief Inspector of Prisons, Brigadier Hugh Munro, to independently review and report in 2010 on the operation of the new arrangements and on progress towards implementing the longer term actions.

"Introducing prisoners, many of whom have been in prison for a long time, to conditions that allow them increased freedom and more access to the community is an integral and valuable part of the reintegration and rehabilitative process. It is vital that we retain these arrangements which, when applied appropriately, can make a valuable contribution to reducing reoffending."

In his Parliamentary statement of May 27, 2009, Kenny MacAskill asked Professor Alec Spencer to conduct an independent review of the decision to send Brian Martin to open conditions, and to consider whether the new criteria for transfer to the open estate were being properly applied in all cases.

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