New measures are being put in place, following the recent controversy surrounding predatory transgender inmates in all-women prisons

The SPS say they've paused the movement of all transgender individuals, until the review of its management of trans prisoners is complete

Author: Anita StrattonPublished 29th Jan 2023

No transgender prisoner with a history of violence against women will be placed in the women's prison estate - while an "urgent" review has also been ordered, Scotland's Justice Secretary has said.

Keith Brown said the rule will include those guilty of sexual violence towards women.

Mr Brown announced the measures on Sunday, after MSPs voiced anger at reports that prisoner Tiffany Scott's request to move to the women's estate had been rubber stamped.

Earlier in the week, Isla Bryson was initially sent to the women's prison at Cornton Vale after being convicted of two rapes - which were carried out when she was a man - before being moved to a men's prison.

After Bryson's case was raised at Frist Minister's Questions, Nicola Sturgeon said the prison service carried out individual risk assessments in such cases and no "formal direction" had been given by the Scottish Government.

In a statement, the Justice Secretary said the measures would be in place until the Scottish Prison Service completes a review of its management of trans prisoners.

Mr Brown said: "I understand that the issue of any trans woman being convicted of violent and sexual offences is a highly emotive subject and that the public concern is understandable.

"As the First Minister pointed out last week, we must not allow any suggestion to take root that trans women pose an inherent threat to women.

"Predatory men are the risk to women. However, as with any group in society, a small number of trans women will offend and be sent to prison.

"Therefore, I hope that the measures I am about to highlight will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners.

"We must also never forget that there are victims in these cases. My thoughts remain with them."

He introduced two rules, the first being that no transgender person already in custody with any history of violence against women will be moved from the male to the female estate.

The second is that no newly convicted or remanded transgender prisoner with a history of violence towards women will be placed in the female estate.

Mr Brown continued: "It is important to be clear, however, that SPS policies have in no way been changed or impacted by the recent passing of the Gender Recognition Reform Bill (which, in any event, is not yet in force).

"SPS have already been undertaking, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners, which is nearing completion

"In addition, an urgent lessons learned review has been instructed in relation to the case of Isla Bryson, with any learning to be applied immediately to existing transgender cases in the prison estate.

"The latter review will report to the CEO by Friday February 3."

A Scottish Prison Service spokesperson said: “We have commenced an urgent review of all transgender cases currently managed in our establishments.

“Our first concern is always, and remains, the health, safety, and wellbeing of all the people in our care, and that of our staff.

“We have very robust risk assessment processes, and a track record of keeping people safe, in often challenging circumstances.

“We have therefore paused the movement of all transgender individuals, until the review has been completed.

“This review will consider any history of violence or sexual offending against women, and associated risk, with a view to determining the most appropriate location for the individual to be accommodated.

“Until the review is completed, any trans individuals, with a history of violence towards women, will only be admitted to the male estate, in segregation, when they first enter our care.

“This arrangement will be progressed in line with our human rights obligations.

“Finally, our ongoing policy review will be independently assessed by experts in women affected by trauma and violence.”

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