Nicola Sturgeon has been pushed into a humiliating climbdown as the Scottish government announces an “urgent review” of all their transgender cases in prisons.
The movement of all transgender prisoners will be paused until the review is completed, while no transgender prisoners with a history of violence against women will be placed in the women’s prison estate, Scottish Justice Secretary Keith Brown said.
A spotlight was thrown on the placement of transgender prisoners after the incarceration of Isla Bryson, a trans woman convicted of raping two women before changing gender, who was remanded in an all-female prison. She has since been moved from Cornton Vale women’s prison to a male wing at HMP Edinburgh.
Mr Brown said the “urgent lessons learned review” into the Bryson case will be completed by Friday.
The prison service was already undertaking a wider review of its transgender policy, which will continue.
The rule regarding transgender prisoners with a history of violence against women also includes sexual violence, the Justice Secretary specified.
Any exceptional cases will require the approval of Scottish ministers. In a statement, Mr Brown made clear that he believed predatory men remained the “risk to women”.
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…. will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners.”
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.”
The spokesperson added that until the end of the review, any convicted trans people 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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