Media statement from friends and family of Gaie Delap:
77 year old Gaie Delap released early on home detention curfew (HDC) to be returned to prison because tagging company unable to fit a wrist tag
The Ministry of Justice has confirmed that in effect the failure of its tagging contractor, Serco’s EMS, to find and fit a tag suitable for a normal-sized woman like Gaie does mean she is now being recalled to jail – even though in every other respect she has continued to comply with all the conditions under which she was released.
– As of today 10th December an arrest warrant for Gaie’s arrest remains in place
– MP Carla Denyer’s office has been told they will hear from the Ministry of Justice ‘by the end of the week
– Bristol Probation Service say they cannot comment on the case
– Gaie’s case evidences discrimination on the grounds of gender, age, and disability that exists within the tagging system
– Since this story first broke it has attracted international media coverage
– To date Gaie has not received any written copy of her licence conditions from the Probation Service, nor any written explanation from EMS on the outcome of the visits to tag her
In response to requests for comment following media publicity, the Ministry of Justice press office has issued guidance on this case, as follows:
– HDC is a discretionary release scheme, offenders are subject to risk assessment and electronically monitored curfew on release.
– Offenders released on HDC are still serving the custodial element of their sentence and it is a statutory requirement that they are electronically curfewed for at least 9 hours a day.
– Where it is no longer possible to electronically monitor offenders in the community, through no fault of their own, they will be recalled until it is possible for them to monitored in the community
– Neither Ministers nor officials can intervene in sentences passed down by the independent Courts. Furthermore, HMPPS is bound by law to administer the sentences that the courts have decided
– Ms Delap was released from prison in November on Home Detention Curfew however, staff were unable to fit a monitoring tag
– A recall order has now been issued as the Probation Service is unable to monitor her
Background:
To recap, Gaie was released on 18th November on a home detention curfew (7pm to 7am) ready to be fitted with a tag. The tagging system is operated by Electronic Monitoring Services (EMS), managed under contract from the Ministry of Justice, by Serco. When EMS visited a tag was unable to be fitted
1Serco were stripped of their tagging contract in 2019, and fined £23m after it was accused of charging the Government for the electronic monitoring of people who were dead, in jail, or had left the country. It lost its contract in 2013 and was fined £70m + £4m costs for the same reason. It only got the contract back in May 2024 to Gaie’s ankle because of a previous deep vein thrombosis (DVT) – so EMS tried, but failed, to fit a tag to her wrist.
EMS knew of earlier difficulties in late 2022, because a tag was unable to be fitted when she was on bail prior to sentence. Instead a doorstep curfew was imposed at a later court hearing. Currently she has complied with all conditions of her licence and curfew hours since her release and has maintained regular contact with her probation officer.
So the present position is that Gaie is due to return to prison, despite there being no fault on her part, for no other reason than a tag small enough cannot be fitted to her wrist.
Today we have made a practical suggestion to HMPPS via the Bristol Probation Service as follows:
That EMS fit an ankle tag. While there is a health risk issue, she is at least able to be monitored and can remain on licence
That, in order to avoid legal action and accusation of discrimination on the grounds of gender age and disability, HMPPS instructs Serco/EMS to provide a tag with a strap that fits her wrist.
For everyone’s sake, from Gaie’s to HMPPS to the MoJ, surely it would be preferable for all parties that she be monitored in the community rather than risk further damage to her health and wellbeing back in prison. Bearing in mind the overcrowded prison system and the cost of recalling her, at £4000 per month to the taxpayer, this does seem a massive waste of resources.
We are aware of systemic failures in the tagging system and this case appears to be another example of that leading to a clear miscarriage of justice.
Bristol MP Carla Denyer and Peterborough MP Andrew Pakes have taken up her case and have made urgent representations to the justice minister.
Gaie’s legal team is pursuing legal channels to reverse the recall decision.
Mick Delap: 07977 494178 // Mike Campbell: 07891 432224