By Graham Huband

THE SCOTTISH Prison Service has defended its inmate assessment regime that twice found violent rapist Robert Foye to be a “fit and able” candidate for open prison, explaining his good behaviour in prison had merited his moves.

The 28-year-old had been serving a nine-and-a-half year term for the attempted murder of a policeman when he absconded while on day release from Castle Huntly last August and went on to rape a 16-year-old schoolgirl.

Foye—who admitted his guilt in the sex crime—is now being assessed for a possible lifelong restriction order after a social inquiry report before the High Court in Edinburgh last week said he was at “very high risk of further violent offending.”

Judge Lady Smith called for an in-depth report from a psychologist approved by the Risk Management Authority before sentencing Foye over the rape.

The reports placed before the High Court have led to questions about the thoroughness of the Scottish Prison Service’s own inmate assessment regime.

All prisoners who are moved from the closed estate to one of two Tayside-based open prisons—Castle Huntly in the Carse of Gowrie and Noranside near Forfar—are individually assessed by the SPS before being transferred.

The fact a man with Foye’s violent background had been deemed suitable for the open regime on two occasions—he had previously broken out of Castle Huntly and been sent back to the closed estate—has raised concerns.

Foye absconded and committed the rape after being allowed out on day release to attend an Alcoholics Anonymous meeting. He had also tested positive for opiates just weeks before carrying out the attack.

An SPS spokesman said the damning information before the High Court last week was not available at the time Foye was assessed in prison.

He said, “The assessment made recently, and presented to the court for sentencing, was obviously done in light of the offence he committed last year. Therefore the fact he committed the offence and pled guilty was obviously a big influence on the report.

“The same assessment, or similar assessments, are required in preparation for people to go to the open estate and they obviously found it appropriate (in Foye’s case). He was fit and able to progress to the open estate.”