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Professor Alec Spencer, University of Stirling
ISBN 978 0 7559 9047 4 (Web only publication)
This document is also available in pdf format (468k)

Contents

Glossary of Abbreviations Used
Chapter 1 Introduction: Security, Open prison, Parole and Public safety
Chapter 2 The Foye Case (2008) and subsequent changes to procedures
Chapter 3 Decision making process leading to the transfer of Brian Martin to Open prison
Chapter 4 The Purpose and Use of the Open Estate
Chapter 5 Other issues
Chapter 6 Summary of Recommendations and Suggestions

Kenny MacAskill, MSP
Cabinet Secretary for Justice

Dear Cabinet Secretary,

You asked me to conduct an independent review of the decision to send prisoner Brian Martin to open conditions in the light of his subsequent absconding from the Open Estate.

I have pleasure in submitting my report.

The Martin case has highlighted, and I have therefore reviewed, a number of aspects relating to the transfer of prisoners to Open prison, including processes, decision making, and information sharing between agencies. There are currently over 300 prisoners in the Open Estate. I understand SPS is undertaking its own review of all prisoners who are currently in the Open Estate. This should provide you with separate assurance.

However, I have looked also at some wider issues and make comment on the use of Open prison. The public have a right to expect that its serious criminals do not appear in Open conditions early on in their sentence and, when prisoners do finally move to Open prison, they can be assured, as best as is possible, that proper consideration has been given to the matter of risk and public safety. Open prison plays a crucial part in the prison system by supporting Long Term Prisoners return to society. Without it, the public is likely to be more at risk, not less. There will always be the potential for absconding. The task for the prison service is to ensure that they have the balance right between minimising the risk to the public and meeting the needs of prisoners in their journey to law abiding lives.

I also want to acknowledge the assistance and co-operation I received from SPS. In particular I was impressed by the staff and Governors with whom I talked, who demonstrated passion for the care and rehabilitation of their prisoners and a concern for the safety of the public who they serve.

Alec Spencer
University of Stirling
22 ^nd June 2009

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