Ankle tag problem could see protester, 77, back in jail

A 77-year-old environmental campaigner is being recalled to prison because an electronic tag cannot be found that fits her.

Gaie Delap, a retired teacher from Montpelier in Bristol, was sentenced to 20 months in jail for her part in a protest that blocked the M25. Three months later she was released under home detention curfew.

But, a warrant has now been issued for her arrest because an electronic tag could not be fitted to her leg due to a medical condition and the device is too large for her wrist.

The Ministry of Justice (MoJ) said if offenders cannot be monitored in the community electronically, they will be returned to prison even if it is no fault of their own.

Ms Delap climbed a motorway gantry during a Just Stop Oil protest on the M25 in November 2022 and pleaded guilty to causing a public nuisance.

The grandmother has deep vein thrombosis and cannot wear a tag on her ankle.

Her brother, Mick Delap, said: "She's very concerned that going back into prison, particularly through absolutely no fault of her own, is going to be even tougher."

Her case took 18 months to come to trial and during that time she abided by a curfew without a tag, and her supporters have said it should be the same now.

Mike Campbell, a family friend and former senior probation officer in Bristol, told 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 continued: "(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 friends are now calling on the Ministry of Justice to withdraw the arrest warrant and are being supported by Green MP for Bristol Central Carla Denyer.

Ms Denyer said: "It seems like an injustice and an incredible waste of public resources because housing people in prison costs a lot of money."

The MP said she had written to prison's minister Lord Timpson to ask him to look at the case.

In England and Wales, prisoners typically serve half of their sentence in prison and the remaining half on licence.

The Ministry of Justice said the home detention curfew scheme was for those still serving the custodial portion of their sentence.

It said under the scheme, offenders must be under an electronically monitored curfew for at least nine 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," the MoJ said.

It said a recall to prison order has been issued for Ms Delap because the Probation Service is unable to monitor her.

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