Amid growing concerns over safety, the Scottish Prison Service (SPS) has introduced updated guidance for the treatment of trans women prisoners. The new policy, set to take effect on February 26, 2024, emphasizes that trans women with a history of harming or threatening other women will be held in male prison facilities, except in “exceptional circumstances.” This comes in the wake of the conviction of trans woman Isla Bryson, who faced charges related to two attacks on women in 2016 and 2019.
The earlier policy, established in 2014, had stipulated that the SPS must house prisoners according to their gender identity, rather than their assigned sex at birth. However, Bryson’s case prompted a reevaluation, leading to the decision that she would be placed in an all-male prison despite her initial placement in a female facility.
The updated policy mandates that trans women may only be housed in female prisons if “compelling evidence” demonstrates they pose no “unacceptable risk of harm” to fellow inmates. Crimes such as sexual offenses, murder, assault, abduction, bullying, intimidation, commercial sexual exploitation, and breach of peace will typically prevent trans women from being placed in female facilities.
The SPS aims to prioritize the safety and well-being of all prisoners. Chief executive Teresa Medhurst stated that trans-woman prisoners may be moved to female facilities only in exceptional circumstances, particularly if their offenses are historic and low-level. Trans men in prison, on the other hand, may be housed in female facilities but separated from other inmates if deemed necessary to ensure the safety of women in custody.
Opposition to this policy update has already emerged from conservative figures, arguing that the possibility of allowing trans women into female prisons, even under “exceptional circumstances,” remains unacceptable. A review conducted after Bryson’s brief admission to a female prison facility concluded that female inmates were “at no point” at risk of harm during her stay.
As the SPS moves forward with these policy changes, they are committed to achieving a balance between respecting trans rights and ensuring the safety of all prisoners in their custody.
