A 78-year-old climate protester has been released on home detention curfew just a week after her prison term was extended because government contractors were unable to find the right-sized tag for her wrist.
Gaie Delap, 78, a retired teacher and Just Stop Oil protester, was sentenced to 20 months in prison for her participation in a climate protest on the M25 in 2022 and was released last November under the home detention curfew (HDC) scheme.
She was recalled to prison just before Christmas. Because of a history of deep-vein thrombosis, she could not have a tag attached to her ankle. No wrist tag that fitted her could be found.
On Friday afternoon she was released from Eastwood Park prison on home detention curfew. It is understood that a 15cm wrist strap previously deemed unsuitable for her was considered usable.
Delap’s brother, Mick Delap, said: “Gaie is of course delighted to be back at home. She is enormously grateful for the support she has received not just from family and friends, but from many generous and committed individuals and organisations.”
Initially, Delap was informed she would be released on 17 March but last Friday she was told it had been delayed until 7 April.
Her release on Friday follows representations by her lawyer Raj Chada, at Hodge Jones and Allen, supported by the Good Law Project. When they received no response, a letter before action was sent to the Ministry of Justice.
Lawyers acting for the justice secretary, Shabana Mahmood, said Delap’s release meant there was no longer any need to reply to the letter. Delap’s legal team will not need to bring a challenge against the Ministry of Justice about her recall to prison on 20 December 2024.
A Ministry of Justice spokesperson said on Friday: “Ms Delap has now been fitted with a tag and has been placed on home detention curfew.”
Jolyon Maugham of the Good Law Project welcomed Delap’s release. “Although we’re delighted Gaie has been released today this isn’t the end of the story,” he said. “We are now considering what action may be taken against the Ministry of Justice and Serco, who provide tags on behalf of the government, for a breach of equality law.
“The Good Law Project’s position is that climate protesters are being disproportionately policed. The public interest would be much better served if the police went after real criminals.”
Mick Delap called the news a victory for common sense. “This is not compassion – it’s the law finally being applied as it should be. And her release today shows that if challenged peacefully by enough people, and if backed by proper reporting, those tasked with applying the law can be persuaded to do their job,” he said.
“Gaie is keen that we shouldn’t forget the large numbers of prisoners, especially women, serving equally unjust terms of recall whose suffering Gaie’s case has highlighted.”
Her case was one of 16 in the court of appeal this week. On Wednesday, 16 convicted climate activists called for judges to reduce their prison sentences in a rare mass appeal. They claim the terms were excessive and breach international human rights laws.
The court of appeal reviewed the jail sentences related to four separate cases involving Just Stop Oil activists between July and September 2024.
Article by:Source: Diane Taylor
