Criticism of the Prison and Probation Service, Asptuna Prison, because a person was not allowed to start serving their prison sentence

A person was not allowed to start serving their prison sentence, because Asptuna Prison, the prison to which he had been assigned, was fully occupied. The Parliamentary Ombudsman states that high occupancy or even overcrowding in a remand prison or a prison does not give the Prison and Probation Service the right to refuse to allow a sentenced person to start serving their sentence. The prison is criticised for not fulfilling its obligation to accommodate the sentenced person.

According to the Prison and Probation Service, the incident was due to a misunderstanding between two officials at the prison. The Parliamentary Ombudsman therefore underlines the importance of clear communication and of staff having sufficient knowledge of the applicable regulatory framework in a situation like this.

The case is a further example of the consequences of the strained occupancy levels within the Prison and Probation Service. According to the Parliamentary Ombudsman, developments in this area are very worrying and she will continue to monitor them.