Gaie
We are one of a number of legal, women’s and prison reform organisations that are supporting an open letter to the Justice Secretary, the Rt Hon Shabana Mahmood, asking her to revoke Gaie Delap’s recall and address the systemically flawed policies that unfairly impact women and contribute to the harm and trauma women experience through their contact with the criminal justice system.

Read the letter in full here:

Dear Justice Secretary Rt Hon Shabana Mahmood,

We, the undersigned legal and prison reform charities, write to express our grave concern over the recall to prison of 78-year-old Gaie Delap, a retired teacher and Just Stop Oil supporter. This decision appears disproportionate and indicative of systemic failures within the electronic tagging system, exacerbated by long-standing issues with private contractors.

We also consider that the recall process has resulted in acute and protracted psychological distress, which amounts to an unlawful violation of Article 3 of the European Convention on Human Rights (the prohibition on inhuman and degrading treatment), as well as violating Article 14 (the prohibition on discrimination).

Ms Delap was sentenced to 20 months in prison for her participation in a climate protest in 2022 and was released early under the Home Detention Curfew (HDC) scheme on 18th November 2024. Despite fully complying with all curfew conditions, she has now been arrested and recalled to prison because Electronic Monitoring Services (EMS), operated by Serco, failed to fit her with an electronic tag. Ms Delap could not be tagged on her ankle due to a history of deep vein thrombosis and the tag intended for her wrist was too large. These logistical issues, entirely beyond Ms. Delap’s control, have resulted in her incarceration through no fault of her own.

This case exemplifies a disturbing failure of coordination between EMS, the probation service, and HMP Peterborough. EMS has stated the case is no longer within their remit, while the prison director insists they have no option but to recall her. Ms Delap’s probation officer has affirmed her compliance and has shown support for her remaining on curfew, yet this matter seems to have been removed from their jurisdiction. Furthermore, the director of HMP Peterborough has not engaged with Ms Delap’s GP, who sought to highlight her urgent medical needs, including a hospital appointment scheduled for the 27th December.

On 20th December, Ms Delap was arrested half an hour before the 7 pm Channel 4 News aired a feature on her case. Ms Delap’s recall demonstrates the lack of communication between EMS, the probation service, and the prison governor and highlights the prison system’s failure to resolve this issue in a humane manner. Ms Delap poses no threat to the community, has adhered to all licensing conditions, and has been entirely compliant since her release.

The recall is particularly troubling given the Ministry of Justice’s and EMS’s acknowledgement that they were unable to find a suitable electronic tag for Ms Delap’s wrists. This failure is compounded by the knowledge that alternative electronic monitoring solutions exist and could be implemented at a fraction of the cost of her continued imprisonment. Moreover, the inability to accommodate a tag for a woman with a common health condition underscores implicit sexism and ageism within the system, raising serious questions about its equity and inclusivity.

This situation is not an isolated incident but part of a broader pattern of failures associated with private contractors managing electronic monitoring services. Notably, Serco has previously been implicated in overcharging the UK government for electronic tagging, including billing for individuals who were deceased, incarcerated, or had left the country.

These historical and ongoing issues underscore the systemic problems inherent in outsourcing critical public services to private entities without adequate oversight.
We urge you to take immediate action to:

  1. Revoke Ms Delap’s recall to prison and ensure she remains on HDC under conditions that respect her health and dignity.
  2. Instruct EMS to identify a viable monitoring solution, which would allow compliance with the curfew requirements without causing undue harm.
  3. Launch an inquiry into the systemic failures that have led to this situation, ensuring better coordination between EMS, the probation service, and the prison system to prevent similar injustices in the future.
  4. Reevaluate the reliance on private contractors for the provision of electronic monitoring services, considering their track record of mismanagement and misconduct, to restore public trust in the criminal justice system.

The use of HDC is intended to reduce the prison population and allow individuals to reintegrate into society under supervised conditions. Ms Delap’s case undermines the credibility of this scheme, showcasing its vulnerability to procedural failures. This is not a matter of public safety, as Ms Delap has demonstrated full compliance with her curfew terms. Her recall serves no purpose other than to exacerbate the punitive aspects of her sentence.

In the interests of justice, humanity, and effective public policy, we request you intervene immediately. Let this case serve as a catalyst for reforming the tagging system and ensuring
that such situations do not recur.

Yours sincerely,
Howard League for Penal Reform
National Women’s Justice Coalition
Women In Prison
Good Law Project
Revolving Doors
Switchback
Global Witness
Quakers in Criminal Justice
One Small Thing
Working Chance
Clean Break
Hibiscus Initiatives
Advance
Kairos Women Working Together
Birth Companions
A Way Out
Anawim Birmingham Centre for Women
Cambridge Women’s Resource Centre
Level Up
Lawyers Are Responsible
Plan B
Rebels In Prison Support
Rona Epstein, Honorary Research Fellow from Coventry Law School
Russell Webster, independent criminal justice researcher