Publication of the Report into the Case of Robert Foye

This report is published in response to a commitment by the Cabinet Secretary for Justice made in Parliament on 24 January 2008 to have a full investigation carried out by the Scottish Prison Service into the circumstances surrounding the transfer of Robert Foye to the Open Estate and his management therein. 

Commenting on the publication of the report, the Chief Executive of the Scottish Prison Service, Mike Ewart, said, “The first thing to say is that it is impossible to imagine the upset and hurt that Robert Foye’s offence has caused for his victim and her family.  The Scottish Prison Service takes its responsibilities in managing offenders within the Open Estate very seriously and we have conducted a comprehensive review of the transfer of this prisoner to open conditions and his management therein.  Whilst the conclusions indicate that the particular offence he was convicted of could not have been predicted, there are points of learning to be gleamed from this exercise and we will make sure that these are implemented and that we continue to improve as far as possible, the systems we have for screening prisoners being transferred to the Open Estate and continuing to face risks that they present as effectively as we can.”

The report addresses 4 key questions.  Firstly, did Robert Foye meet the criteria for access to the Open Estate; secondly, was an abscond by him predictable; thirdly, was an offence by Robert Foye predictable, and finally, was a rape offence predictable. 

In the particular circumstances it is concluded that he did meet the criteria for access to the Open Estate.  Given that Foye had previously absconded it was possible that further absconds would take place.  Relapse issues like this particularly amongst long sentenced offenders require to be managed routinely across the prison estate.  Robert Foye did have a high risk of re-offending so a further offence was a possibility.  However, given the pattern of his previous offences which mainly related to dishonesty the likely assessment was that he might commit property-related crime.

With regard to the final question as to whether or not the type of crime he actually committed could have been predicted, as Robert Foye had no previous convictions for sexual offences it is concluded therefore that an offence of the type committed by Robert Foye was not predictable.

There are a number of recommendations arising from the report which hinge around the need to take a multi-disciplinary approach to the management of offenders prior to their transfer to the Open Estate whilst they are in the Open Estate and on their eventual release back into the community.  The SPS in partnership with other agencies will implement these recommendations as quickly as possible.  The recommendations are contained within the report published today on the SPS website.

Issued by Tom Fox, Head of Communications, SPS

To view the report, click here.

To view Assurance Review:

For further information, please contact:

MR TOM FOX

Head of Communications

SPS: Communications Branch

Telephone: 0131 244 8463

Mobile: 07919303290