A SERIES of errors led to a dangerous convict going on the run from an open prison, a report revealed today.
Brian "Hawk" Martin was moved from Shotts jail to the open estate at Castle Huntly despite clear warnings in his case files about his criminal history and previous escapes.
The report, ordered by Justice Secretary Kenny MacAskill after the escape in May, found that police intelligence was "overlooked or ignored" by nine members of the group who recommended Martin's move.
Report author professor Alec Spencer, of Stirling University, stated: "The Scottish Prison Service (SPS) will have to understand there is no force-field restraining a prisoner in open conditions while he bides his time waiting for further assessments, reports or management plans.
"Once transferred he is out of secure custody. If staff are uncertain about the risk he poses and want to leave it to the judgment and assessment of open prison staff, then he should not go."
The decision to move 51-year-old Martin – who was serving 10 years for firearms offences – was taken before police replied to the prison with concerns over his history with firearms and escapes.
Old forms, which should have been replaced following a previous review of the system, were used to work out how suitable he was for the open estate.
Professor Spencer's report called for final decisions on transfers to be taken by a governor or deputy governor.
This would reform the existing system, which has no single person who "steps back and reviews the case as a whole".
An electronic "flag" should be placed on an offender's file so staff are made aware of any history of escapes.
Police liaison officers should attend meetings to ensure their intelligence helps to shape decisions.
GPS tagging of long-term inmates in the open estate should be considered by the prison service.
The recommendations come one year after another inmate, Robert Foye, raped a schoolgirl after going on the run from the same jail.
Today's report detailed other aspects of Martin's "extensive" criminal history, which included assault, robbery and theft, dating back to 1976.
Brian "Hawk" Martin has a criminal history dating back to 1976
Martin had also absconded from Noranside open prison in 1987 and slipped his prison escort at Bridge of Earn Hospital in 1989.
He was jailed for three firearms offences and assault to injury and danger of life in 2006.
Martin was transferred from a "top end" facility at HMP Shotts to Castle Huntly, near Dundee, in April and went on the run just weeks later.
The fugitive gave himself up to police one week later – but not before a damaging political row put pressure on the Justice Secretary.
Mr MacAskill said guidelines he brought in after the Foye case had not been followed.
He said: "It is clear that Martin's previous absconding history was either overlooked or ignored when that decision was made. In all likelihood, if that information had been known, Martin would not have been transferred.
"In other words, the more robust measures I instigated after the Robert Foye case were not followed by Scottish Prison Service staff on this occasion.
"I have made it clear to the SPS that this is not acceptable, and that such lapses must not be repeated."
Labour justice spokesman Richard Baker said: "Kenny MacAskill told us that after the Robert Foye case that lessons would be learned and he would change the system.
"This report makes it clear that he has singularly failed."
SNP MSP Andrew Welsh, whose Angus constituency includes Castle Huntly, said: "It is vital that procedures to decide who is eligible for the open estate are strictly followed by the Scottish Prison Service. This lapse in standards must not happen again."
Mr Welsh welcomed the recommendations and added: "The staff at Castle Huntly do a good job but it is essential that SPS ensure only those prisoners who should be in the open estate are in the open estate and that any prisoner who breaks the rules or abuses the trust placed in them is punished accordingly."
The full article contains 679 words and appears in scotsman.com newspaper.
