The Scottish Prison Service (SPS) has introduced new guidance stating that transgender women who have hurt or threatened women or girls will not be housed in female prisons unless there are 'exceptional' circumstances. The policy follows public outcry after Isla Bryson, a trans woman convicted of raping two women while known as Adam Graham, was initially sent to a women's prison.
Under the new rules, effective from February 2024, a trans woman will not be placed in the female estate if convicted or on remand for a crime that harmed a female, including sexual offences, murder, assault, abduction, or intimidation. Exceptions may be made only with 'compelling evidence' that they pose no unacceptable risk to women prisoners.
The policy also allows trans men who have committed crimes against women to be kept separate from other inmates if deemed necessary for safety. Additionally, officers may search any inmate regardless of affirmed gender or sex assigned at birth to ensure safety.
Scottish Justice Secretary Angela Constance said the guidelines protect the 'safety and welfare' of staff and prisoners, as well as the 'rights of transgender people'. However, the Scottish Conservatives criticised the policy as 'subjective' and 'unacceptable'.
The SPS policy is less restrictive than rules in England and Wales, which ban trans women with male genitalia, sexual offences, or any violence from female prisons. As of Monday, only five transgender women remained in female jails in England and Wales.
