Robert Foye raped a teenage girl after absconding from an open jail

Robert Foye, 28, admitted raping the 16-year-old in Cumbernauld in August last year after absconding from Castle Huntly, near Dundee.

But a Scottish Prison Service review of the case said Foye met the criteria to be transferred there.

Ministers have been urged to make a statement to parliament on the issue.

Foye was half way through a 10-year sentence for attempting to murder a policeman in 2002 when he absconded after being allowed out of Castle Huntly to attend an Alcoholics Anonymous meeting.

This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame Bill Aitken Tory justice spokesman

The prisoner, who also absconded from the jail in 2005, had been on the run for about a week when he raped the girl on a path.

The government-ordered review of the case found Foye posed a "high-risk of re-offending" and absconding was a possibility, but fitted the criteria for transfer to an open prison from a standard one.

But the investigation pointed out Foye mostly had a criminal history of dishonesty and car crime, not sexual offences.

Scottish Prison Service chief executive Mike Ewart said lessons would be learned from the review, which made a series of recommendations on improving the system.

"While the conclusions indicate the particular offence [Foye] was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise and we will make sure these are implemented," he said.

READ THE REPORT Review of the circumstances surrounding the transfer of Robert Foye to Castle Huntly [28KB] Most computers will open this document automatically, but you may need Adobe Reader Download the reader here

Justice Secretary Kenny MacAskill said the recommendations were being introduced "as a matter of urgency", but pointed out it was never possible to eliminate risk.

"Nothing can make up for the victim's horrendous ordeal in this disturbing case," he added.

Scottish Tory justice spokesman Bill Aitken urged Mr MacAskill to make an emergency statement in the Scottish Parliament on the "inadequacies" of the Scottish Prison Service.

"This is an astonishing report, one which should cause the Scottish Prison Service to hang its head in shame," he said.

"The contradictions and assessments made in the report are truly alarming."

Foye absconded from Castle Huntly before committing the rape

Pauline McNeill, Labour's justice spokeswoman, added: "Robert Foye is a convicted violent drug user with a record of absconding and still the prison authorities decided it was appropriate for him to go to Castle Huntly.

"How the same prison authorities can now claim the open estate was a suitable place for him is absolutely beyond explanation."

The Liberal Democrats' Margaret Smith said ministers must not allow the prison service to "wash its hands" of the Foye case, adding: "I am concerned that our open prisons are being used as a temporary solution to prison overcrowding."

The review recommended seven changes in prisoner transfer to open prisons, including better risk assessment for absconding and improved training for prison staff.

Foye, who admitted the rape charge at the High Court in Glasgow last month, is to be sentenced in May.

Meanwhile the Scottish Government's prisons commission, which is considering the role of open prisons, will report in June.