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Last Updated: Wednesday, 19 March 2008, 17:19 GMT
Open jail processes 'beefed up'
Castle Huntly

The prison service has promised that processes will be "beefed up" after an offender raped a schoolgirl while on the run from an open jail.

Robert Foye, 28, attacked the 16-year-old after absconding from Castle Huntly, near Dundee.

A report said he had been considered a suitable candidate for an open jail despite a high risk of reoffending.

Justice Secretary Kenny MacAskill has now announced he will make a statement on the issue to MSPs next week.

Michael Duffy from the Scottish Prison Service (SPS) said a team would implement the review's recommendations.

He said the service was looking at how to strengthen its procedures in the wake of the case.

But he added that offenders classed as being high risk could still be transferred to open jails.

What happened to that young girl we find appalling and from a prison service point of view we regret it very much
Michael Duffy

Mr Duffy told BBC Radio's Good Morning Scotland programme: "We accept that what has happened on this occasion is obviously not acceptable to us or the public and what we've got to do is beef it up in every single way that we can, and that's what we're trying to do."

A government-ordered report released on Tuesday recommended seven changes be made to the system of transferring prisoners to open jails.

Mr Duffy said the SPS had already set up a team to implement the recommendations.

The report also found there was "always a possibility" that Foye would abscond.

However, prison bosses insisted it could not have been predicted that he would go on to commit rape.

'Assessment tools'

Foye attacked the 16-year-old in Cumbernauld in August last year. He had been on the run for almost a week before carrying out the offence.

It was the second time he had absconded from the open prison, having previously gone on the run in 2005.

Mr Duffy said Foye was classed as high risk for some particular offences, but not the type of crime he went on to commit.

He said that prison staff assessed a range of factors, including someone's behaviour while in prison, when they were considered for an open jail.

Robert Foye
Robert Foye is due to be sentenced in May

He added: "They look at a very broad range of things and if the whole package suggests that the person is okay for open prison then they can approve the transfer.

"We're also looking at different assessment tools which take account of a wider range of factors.

"What happened to that young girl we find appalling and from a prison service point of view we regret it very much, the suffering to her and her family, and we obviously have to take lessons on board."

When asked if a high risk prisoner could still in the future be considered for transfer to an open jail, he said: "It could happen.

"What we have to do is look at things that are more recent in a person's history and they may counterbalance the other stuff."

Foye, who admitted the rape charge, is due to be sentenced in May.



SEE ALSO
Rapist 'met open jail criteria'
18 Mar 08 |  Glasgow, Lanarkshire and West
On-the-run rapist absconded twice
22 Feb 08 |  Glasgow, Lanarkshire and West
Prisoner rape case review ordered
24 Jan 08 |  Glasgow, Lanarkshire and West
Prisoner on run raped schoolgirl
23 Jan 08 |  Glasgow, Lanarkshire and West

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