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SPS criticised for putting man in open prison

19 Mar 08

Violent offender assessed as high risk went on to rape schoolgirl while on the run

The Scottish Prison Service has come under fire for its report on a prisoner who raped a schoolgirl after absconding from Castle Huntly.

Robert Foye failed to return to the open prison after being allowed to attend an Alcoholics Anonymous meeting. He had been on the run for almost a week when he raped a 16-year-old girl in Cumbernauld.

Foye had been serving a 10-year sentence for attempted murder by running over a police officer while attempting to escape from the police in a stolen vehicle.

The Scottish Prison Service's internal review of the case, published yesterday, said Foye had met the criteria for transfer to open prison despite his conviction and the fact that he had been assessed as someone with a high risk of reoffending, and that his record related mainly to dishonesty and vehicle crime.

Bill Aitken, the Conservative Party's justice spokesman, described the report as utterly outrageous and asked why the assessment had concluded that Foye's risk of re-offending was only property-related.

Labour's justice spokeswomen Pauline McNeill added that the assessment of Foye as suitable for an open prison was especially difficult to understand because he had previously absconded from Castle Huntly.

The SPS review, which was ordered by Justice Secretary Kenny MacAskill in January, said that all the proper procedures had been followed and that Foye had been risk assessed. The report did not analyse whether the checks in place were sufficiently thorough.

The review did, however, recommend changes to the way prisoners are transferred to the open prison system and more training for staff making risk assessments.

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