Gran recalled to prison over tag fiasco to serve extra time behind bars

A grandmother and environmental activist, who was sent back to prison because her wrists were reportedly too small for electronic tags, has been informed she must serve an additional 20 days behind bars.

Gaie Delap, from Bristol and supporter of Just Stop Oil, was arrested after 6.30pm on December 20 and transported by police from her home to the nearest women's prison at HMP Eastwood Park. This occurred despite the efforts of her family, who are based in Falmouth, to highlight her situation.

The retired teacher is among five environmental activists who participated in direct action over a span of four days. This saw supporters from Just Stop Oil ascend multiple gantries over the M25 in November 2022, causing significant delays for drivers.

Gaie, 78, was recalled to prison just before Christmas because the private security firm which was due to fit an electronic monitoring tag were unable to do so and labelled her as being "unlawfully at large" or on the run. As a result Gaie now must spend another 20 days in jail to her family's dismay and anger.

Her family who lives in Falmouth, Cornwall, said Gaie was informed of the extra length of time behind bars that she must serve with a note slipped under her prison cell door. In the note the prison authorities said the time Serco/EMS were fiddling about trying to fit the tag amounts to her not being 'tagged' even though they say it was entirely their making and insist Gaie has been compliant.

Mick Delap, Gaie’s brother said to say that Gaie has not been compliant is a lie. He added: "How come that it has proved so impossible to fit this normal-sized woman, who desperately wants to have electronic monitoring, with any one of the many different forms of monitoring available to the authorities? That was true of the time she was waiting at home, and has continued to be true in the month since she has been back in prison.

“How come that there has been a deafening silence from the Ministry of Justice since Gaie’s return to prison despite numerous appeals from her family, friends and her MP?

“And, perhaps most crucially, how come those with ultimate responsibility for the proper functioning of Serco/EMS - the Ministry of Justice (MoJ) and Parliament - are so blatantly failing to hold them to account?"

Instead of being released on the expected date of March 17 as stated in her recall papers, Gaie has now been informed by prison authorities that she will be kept in prison until April 7.

Mike Campbell, a family friend, added: "A flawed process led to Gaie’s recall. This will cost the taxpayer up to £20,000. Her re-incarceration represents a clear miscarriage of justice. She now faces double jeopardy, two punitive measures resulting solely from the unavailability of suitable electronic monitoring equipment. This is a cruel decision.

"Our criminal justice and penal system has failed, in Gaie’s case, to meet the standards of proportionality, fairness, and respect for human dignity that should be the cornerstone of justice in the UK. Immediate action is required to correct this systemic failing not just for the sake of Gaie, but of hundreds of women being failed by the system.

"The Ministry of Justice will know how to access a number of electronic monitoring devices suitable for use by Gaie. There is no possible reason for one of these not to be fitted while she is in prison and then released."

The MoJ said Gaie was recalled to custody on November 29 but did not return to prison until police arrested her on December 20, so the law considers she was unlawfully at large for this period and officials are obliged to ensure she serves these 20 days of her original prison term.

They added that there is no alternative tag available that would enable her to be released on home detention curfew. Gaie's solicitor Her solicitor, Raj Chada of Hodge, Jones and Allen, also criticised the latest developments. He said: "To further punish a 78-year-old woman for the incompetencies of the state is disgraceful."

A spokesperson for the MoJ told The Guardian: "We are bound by law to enforce sentences passed down by the independent judiciary, this includes handing down additional days in custody when the law dictates."

The only person who can now reverse the decision to imprison Gaie is the Secretary of State for Justice Shabana Mahmood MP. Take action to secure Gaie’s release by writing to your MP here: https://actionnetwork.org/letters/release-gaie-delap/