Prison service introduces new rules on housing trans prisoners

Transgender women will not be permitted to transfer to the female estate if they have been convicted of “any offences that perpetrate violence against a female that results in physical, sexual, or psychological harm or suffering to a female” under new rules.

But critics say that a loophole remains allowing such prisoners to be housed in the female estate if there is “compelling evidence” that they do not “present an unacceptable risk of harm to those in the women’s prison”.

The review follows the case of Isla Bryson, who had a history of violence against women and was initially remanded in Cornton Vale women’s prison.

Additional concerns were raised in the case of Tiffany Scott, formerly Andrew Burns, who had a history of violence and admitted to stalking a 13-year-old girl by sending her letters from jail, yet whose application to move to a woman’s prison was approved.

The Scottish Prison Service’s new Policy for the Management of Transgender People in Custody (2023) details that anyone convicted of offences including murder, culpable homicide, threatening personal violence, rape or sexual harassment, commercial sexual exploitation of women and girls, as well as others will not be eligible to switch prison after changing gender.

There is an exception, however, if “the risk management team, and subsequently the executive panel, are satisfied there is compelling evidence that they do not present an unacceptable risk of harm to those in the women’s prison”.

Russell Findlay, the Scottish Conservatives’ justice spokesman, said the guidelines “say that male prisoners with a history of violence against women or girls should be allowed in the female estate and will only be blocked if they present a risk, which is completely subjective”.

Teresa Medhurst, chief executive of the prison service, said: “Every single individual in the care of SPS is treated with dignity and respect, with their rights upheld, and any risks carefully managed. Our staff have an excellent track record in working with our transgender population, and I know that will continue under this new policy.”