Elderly Protester Faces Prison Return Over Electronic Tag Incompatibility

An environmental activist, aged 77, is facing a return to custody because a suitable electronic monitoring device cannot be located for her. Gaie Delap, a former teacher residing in Montpelier, Bristol, received a 20-month prison sentence for her involvement in a demonstration that obstructed the M25. She was granted release three months later under a home detention curfew. However, an arrest warrant has now been issued for her as an electronic tag could not be attached to her leg due to a health issue, and the monitoring device is excessively large for her wrist. The Ministry of Justice (MoJ) stated that individuals who cannot be electronically supervised in the community will be sent back to prison, even if the inability to monitor them is not their fault. Ms. Delap ascended a motorway gantry during a Just Stop Oil demonstration on the M25 in November 2022 and admitted guilt to the charge of causing a public nuisance. The grandmother suffers from deep vein thrombosis, which prevents her from wearing a tag on her ankle. Her brother, Mick Delap, commented: “She’s very concerned that going back into prison, particularly through absolutely no fault of her own, is going to be even tougher.” Her legal proceedings extended for 18 months before reaching trial, and throughout that period, she complied with a curfew despite not having a tag; her advocates suggest the same arrangement should apply currently. Mike Campbell, a family acquaintance and former senior probation officer in Bristol, informed the BBC: “Gaie was never at any risk of reoffending while she was on bail, she abided by her bail conditions, and you would assume that would be the position now.” “We have a system here that is in a state of total confusion… we have, I think, basically a miscarriage of justice.” Mr. Campbell further stated: “(Ms Delap) is in some degree of shock. She’s very resilient but she’s there waiting at home thinking that at any moment someone is going to knock on her door and arrest her.” Her associates are currently urging the Ministry of Justice to revoke the arrest warrant, with backing from Carla Denyer, the Green MP for Bristol Central. Ms. Denyer commented: “It seems like an injustice and an incredible waste of public resources because housing people in prison costs a lot of money.” The Member of Parliament mentioned she had corresponded with Lord Timpson, the prisons minister, requesting his review of the situation. In England and Wales, inmates generally complete half of their sentence incarcerated and the latter half under licence. The Ministry of Justice explained that the home detention curfew program is intended for individuals still fulfilling the custodial segment of their sentence. It specified that participants in the scheme must adhere to an electronically supervised curfew for a minimum of nine hours daily. “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,” the MoJ stated. It confirmed that a recall to prison order has been issued for Ms. Delap due to the Probation Service’s inability to monitor her. Connect with BBC Bristol on Facebook, X, and Instagram. Submit your story proposals to us via email or WhatsApp at 0800 313 4630. Copyright © 2024 BBC. All rights are reserved. The BBC bears no responsibility for the content of external websites. Information regarding our policy on external linking is available.