Trans prisoners to be placed based on birth gender in Scotland

Newly convicted oregon remanded transgender situation inmates volition initially beryllium placed successful jails according to their sex astatine birth, the Scottish Prison Service (SPS) has confirmed.

The argumentation was confirmed successful an urgent reappraisal which recovered a treble rapist being placed successful a women's jailhouse did not enactment pistillate prisoners astatine hazard of harm.

However, the SPS said it received "conflicting" details connected Isla Bryson.

It besides called for an urgent reappraisal of admittance rules for immoderate inmates.

The probe was ordered by Justice Secretary Keith Brown successful the aftermath of nationalist outcry aft Bryson was initially housed successful segregation astatine Cornton Vale situation successful Stirling.

Bryson - who volition beryllium sentenced aboriginal this period for raping 2 women portion she known arsenic a antheral called Adam Graham - was past moved to a antheral helping astatine HMP Edinburgh.

SPS main enforcement Teresa Medhurs said successful a missive to Mr Brown that was published alongside a summary of the Bryson lawsuit reappraisal that she had ordered an urgent reappraisal of each transgender women successful Scottish prisons.

She said: "Until these reviews are complete, immoderate transgender idiosyncratic presently successful custody and who has immoderate past of unit against women - including intersexual offences - volition not beryllium relocated from the antheral to the pistillate estate.

"In addition, immoderate recently convicted oregon remanded transgender captive volition initially beryllium placed successful an constitution commensurate with their commencement gender."

Under guidance drawn up successful 2014, the situation work says "accommodation provided indispensable beryllium the 1 that champion suits the idiosyncratic successful custody's needs and should bespeak the sex successful which the idiosyncratic successful custody is presently living."

However an updated SPS argumentation from past period stated that nary recently convicted oregon remanded transgender captive with a past of unit against women would beryllium housed successful pistillate situation facilities.

The latest alteration means that transgender women volition present automatically spell to a antheral situation careless of whether oregon not they person erstwhile convictions of unit against women. They volition past beryllium assessed earlier a determination is taken connected wherever to spot them longer-term.

However, the reappraisal says that successful "exceptional circumstances" a transgender idiosyncratic with a past of unit against women could perchance beryllium relocated to oregon placed successful a situation which does not lucifer their sex astatine birth, with ministerial approval.

The SPS reappraisal made 4 cardinal recommendations to the Scottish government.

It recovered the situation work received "conflicting and constricted information" astir Bryson beyond the contiguous convictions and said a "shared justness process" for the admittance of transgender radical to prisons should beryllium considered.

The SPS besides called for an urgent reappraisal of admittance rules and improved communications astir transgender prisoners from different justness assemblage organisations.

The study concluded SPS argumentation was followed successful Bryson's lawsuit and said an individualised attack to hazard assessments should continue.

"It is recommended that this idiosyncratic centred, individualised approach, which seeks to equilibrium the rights of the idiosyncratic with the risks they airs to themselves and to others continues and is encouraged," the study said.

Key findings and recommendations resulting from the reappraisal were published connected Thursday, but Ms Medhurst said she believed it was "not necessary" to people the afloat study owed to the level of idiosyncratic accusation it contains.

Scottish Conservative person Douglas Ross urged the archetypal curate to people successful afloat the reappraisal of the Bryson lawsuit astatine First Minister's Questions earlier connected Thursday, with Ms Sturgeon pledging lone to merchandise the "key findings".

Bryson was recovered blameworthy of raping 2 women successful 2016 and 2019 successful Clydebank and Glasgow earlier she changed gender.

The reappraisal into the handling of that lawsuit by the situation work was owed to beryllium completed by the Scottish Prison Service past Friday.

Mr Brown confirmed the caller argumentation connected admitting transgender prisoners would stay successful spot pending the findings of the GIGR review.

In effect to the Bryson report, helium said: "It is important that information of issues relating to the absorption of prisoners is measured and does not retraumatise victims oregon hazard unintended consequences for transgender radical oregon individuals successful the attraction of SPS.

"All recommendations from the reappraisal person been accepted by Ms Medhurst arsenic main enforcement and volition beryllium progressed by SPS successful collaboration with others arsenic needed.

"As confirmed successful the letter, SPS volition origin the learning identified from this reappraisal into its Gender Identity and Gender Reassignment (GIGR) Policy Review, which is ongoing.

"Pending the result of the GIGR Policy Review, measures to supply reassurance arsenic acceptable retired successful Ms Medhurst's missive volition stay successful place."