Trans prisoners are set to be removed from women's prisons in Scotland after the SNP Government suffered an embarrassing legal defeat today.
Court Ruling Declares Policy Unlawful
A ruling issued by the Court of Session in Edinburgh found the policy of allowing some biologically male trans prisoners to serve their sentences in female jails is unlawful. Campaign group For Women Scotland (FWS) said it had won a “comprehensive victory” after it launched a judicial review on the matter.
Arguments Rejected
Susan Smith, FWS director, said all the arguments made by SNP ministers were “comprehensively rejected” by judge Lady Ross. This included the claim that housing biologically male trans prisoners in men’s jails would breach the European Convention of Human Rights (ECHR).
Under current guidance approved by SNP ministers, a trans woman in Scotland can be imprisoned in a female jail if they have not hurt or threatened women or girls, and there is no basis to suppose that they pose an unacceptable risk. But FWS argued this was incompatible with the landmark Supreme Court ruling the group won last year, which said the definition of a woman in the Equality Act was based on biological sex.
Background and Implications
An undisclosed number of trans women remain in Scottish prisons despite the UK Supreme Court ruling. The new decision means these individuals are likely to be transferred to male facilities. The case has sparked widespread debate on transgender rights and prison policies in Scotland.
The SNP government has not yet commented on the ruling, but legal experts suggest an appeal is possible. For Women Scotland has called for immediate action to implement the court's decision.
