Transgender prisoners with a history of violence against women and girls can be placed in the female estate if there is “compelling evidence” they do not present an “unacceptable risk of harm”, a new policy has stated.
The Scottish Prison Service (SPS) has published its Policy for the Management of Transgender People in Custody.
No transgender woman with a history of violence against women and girls (VAWG) can currently be housed in the female estate.
The interim arrangements for admission were introduced earlier this year following a public outcry over the controversial Isla Bryson case – which saw a transgender woman initially placed in the female estate after being found guilty of raping two women.
The interim approach will continue until the new policy officially comes into force on 26 February 2024.
The SPS’s new “individualised” policy will see transgender women initially placed in the male estate until sufficient information is known on whether they can be admitted in accordance with their chosen gender.
If placing them in the female estate “gives rise to unacceptable risks that cannot be mitigated”, inmates will not be placed in a women’s prison.
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Offences against women and girls that will be taken into account include murder; culpable homicide; assault; robbery; abduction; threatening personal violence; rape; sexual harassment, bullying and intimidation – including in the workplace; commercial sexual exploitation – including trafficking, prostitution, lap dancing, stripping and pornography; and breach of the peace.
Transgender prisoners that have been convicted, remanded or are awaiting sentencing for those types of offences will not be eligible for admission to a woman’s prison “unless the risk management team, and subsequently the executive panel, are satisfied there is compelling evidence that they do not present an unacceptable risk of harm to those in the women’s prison”.
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Speaking to Sky News, the chief executive of the SPS said she is “confident” the updated policy will address any concerns about violent transgender women being placed into the female estate.
Teresa Medhurst said: “With a trans woman, if we have information that suggests that they are a risk and pose a risk to others because of previous history of offending related to violence against women or girls, then they will be assigned into the male estate.
“If we don’t have sufficient information in which to make that assessment or decision, then they will go to the male estate as well.”
Ms Medhurst said the situation with transgender men is “slightly different” and decisions will be taken on where they can be managed safely.
She explained that if there’s a lack of information, “they will move into the female estate until the initial case conference can be held and we can look at all of the information that we have or can gather in relation to risks, needs, as well as their rights”.
The SPS said the policy aims to support the rights of transgender people, the welfare of others in custody, as well as prison staff.
Where SPS has insufficient information about an individual who is arriving into custody, they will be admitted in accordance with their sex at birth.
SPS also retains the ability to admit and accommodate individuals with a Gender Recognition Certificate (GRC) in accordance with their sex at birth, if it is considered necessary to support people’s safety and wellbeing.
Only when staff have enough information to reach a decision that a trans individual can be safely accommodated will they be placed in an establishment which matches their affirmed gender.
The policy will also allow for inmates to be searched by officers of their affirmed gender or their sex assigned at birth, if it is necessary to keep the individual or staff safe.
The SPS will take into account their background and history of offending when making a decision on where they will be placed.
Ms Medhurst said SPS will look at how far along the inmates are in transitioning and what kind of medical support they have been accessing.
She added: “So, we’ll use all of that information around both their journey as well as their behaviours, their current offence, previous offending, and any other information that is known about the way that they’ve been behaving and presenting whilst in the community.”
The new policy was developed following extensive engagement and input from experts in violence against women, men and women in custody, transgender people, those who have experience of managing transgender people in custody, and a broad range of community organisations.
The attacks were carried out in 2016 and 2019 when Bryson, who was born Adam Graham, was living as a man.
An urgent case review was ordered by Scotland’s then justice secretary after Bryson was initially housed in segregation at Cornton Vale women’s prison near Stirling while awaiting sentencing.
Ms Medhurst accepted that there was a lot of public interest over the Bryson case but said she could not discuss individual inmates.
She added: “There was a lot of public interest, a lot of parliamentary interest, and therefore I am confident that the new policy will address those concerns and ensure that there is continued public confidence in how we operate as an organisation – because we have more than 20 years of managing transgender men and transgender women in custody.”
Ms Medhurst highlighted that the SPS oversee the “highest risk and most vulnerable people in our society” on a daily basis, and staff manage that risk “extremely effectively”.
Ms Medhurst said: “Transgender men and transgender women in custody are a very small minority and they can be extremely vulnerable.
“And what we need to do is balance and manage those vulnerabilities, the risks and the rights in a way that protects everyone within our prisons – so those who live there and those who work there.
A 32-year-old woman is cancer-free after undergoing the UK’s first liver transplant for advanced bowel cancer.
Bianca Perea, a trainee lawyer from Manchester, was diagnosed with the most advanced kind of bowel cancer in November 2021, with doctors telling her they aimed to prolong her life rather than find a cure.
But, alongside other treatments including targeted drug therapy, chemotherapy and surgery, the transplant has been a huge success and Ms Perea now has no signs of cancer anywhere in her body.
Ms Perea first visited her GP in Wigan after feeling constipated and bloated. After tests, a colonoscopy and a biopsy, she was diagnosed with stage four bowel cancer, which had spread to all eight segments of her liver.
Ms Perea accepted the diagnosis, but said she refused to believe the outlook was so bleak.
“I don’t want to sound kind of ignorant or arrogant or anything like that but I just didn’t feel in my gut that that was going to be it,” she said.
Her mother asked about a possible transplant at that stage but was told it was not a feasible treatment.
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Ms Perea had 37 rounds of a targeted drug called panitumumab plus chemotherapy for two and a half years.
She had an excellent response to the treatment, which meant she was able to have an operation in May 2023 to remove the bowel tumour.
But scans showed she still had tumours in her liver, which could not be operated on.
Nevertheless, because her response to chemotherapy had been so good and her bowel cancer was seemingly gone, doctors began to look at liver transplants.
Ms Perea was added to the transplant list in February 2024 and was lucky enough to find a donor last summer.
She said: “Within four weeks of going under the knife, I was able to drive and walk the family dogs, it was really quite incredible.
“To go from being told I’d only have a short time to live to now being cancer-free is the greatest gift.
“I’ve been given a second chance at life and I’m going to grab it with both hands. I am so grateful to the family who agreed to donate their loved one’s liver.
“I do believe this is a cure. They’re always hesitant to say that, obviously, but I am cancer-free right now.”
Now, Ms Perea is looking forward to going on holiday this year and is working on improving her fitness.
“My liver is doing really well,” she said. “I get tests on that, and I’ve just had my second scan and that’s all clear, so it’s really good.”
Dr Kalena Marti, Ms Perea’s oncologist, said: “To see that Bianca has had such a positive outcome is wonderful.
“When we looked at the tumour cells in her liver after it had been removed, they weren’t active.
“This is excellent news, and we hope that this means that the cancer won’t come back.”
She added: “Advanced bowel cancer is complex and there are lots of different types of the disease, so what works for one person might not work for another. As a result, it’s important that we continue to develop new treatments.
“Thanks to the generosity of organ donors and their loved ones, we can now access liver transplants for some patients, which is fantastic.”
You can watch a full interview with Ms Perea at 8.30am this morning on Sky News Breakfast.
Millions of commuters returning to work and school this morning will face more snow, ice and rain, as several weather warnings remain in place across the UK.
More travel disruption is likely due to flooding from heavy rain and thawing snow, the Met Office said, with 97 flood warnings and 262 flood alerts in place.
It comes after most of the country saw heavy snow or icy rain fall over a wintry weekend.
Major airports closed their runways for several hours due to snow, while stranded vehicles and collisions blocked key roads across England.
An amber weather warning remains in place until 6am this morning across parts of Lancashire, Cumbria and the Lake District.
Travel delays, stranded vehicles and power cuts are all likely under the warning – while rural communities could be cut off with up to an additional 15cm of snow falling during the period, the Met Office said.
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Leeds Bradford Airport warned passengers last night that disruption caused by the bad weather is likely to continue into Monday.
Several yellow weather warnings for snow, ice and rain will remain in place across Britain and Northern Ireland until this afternoon.
The Environment Agency said a combination of melting snow and rain could lead to “significant river flooding”, and advised people to stay away from swollen rivers and not drive through flood water.
Cold air will return and remain across the whole country from Monday onwards after a brief spell of milder conditions in southern areas, the Met Office said.
Deputy chief forecaster Mike Silverstone said: “The low pressure that brought the snow and heavy rain in the south will move out to the east by Monday. This will allow a cold northerly flow to become established again for much of next week.
“This will bring further sleet, snow and hail showers to northern Scotland in particular, but possibly to some other areas, especially near western coasts, with a fair amount of dry and bright weather elsewhere.”
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He added: “Temperatures will remain below average, with widespread frost and the threat of ice at times. Some areas, especially in the north, may struggle to get above freezing for several days.”
Further weather warnings could be issued with the potential for some snow to fall in southern and central England and Wales around the middle of the week, Mr Silverstone said.
You can stay up to date with the latest forecasts and warnings by clicking here.
Sir Keir Starmer will launch his plan to deliver millions more appointments across the NHS and to reduce waiting times to 18 weeks over the next five years.
The prime minister will lay out how greater access to community diagnostic centres (CDCs) will help deliver up to half a million more appointments, alongside 14 new surgical hubs and three expanded existing hubs.
Up to a million appointments could be freed up by giving patients the choice to forego follow-up appointments currently booked by default, the government says.
Overall, the plan will involve a drive to deliver two million extra appointments by the end of next year.
The aim of the reforms is that by the end of March 2026, an extra 450,000 patients will be treated within 18 weeks.
Figures published by NHS England last month showed an estimated 7.54 million treatments were waiting to be carried out at the end of October – the lowest figure since March 2024.
According to the Institute for Fiscal Studies (IFS), the last time the NHS met the target of 92% of patients receiving treatment within 18 weeks was in 2015.
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The reforms for England will also see an overhaul of the NHS app to give patients greater choice over where they choose to have their appointment and will also provide greater detail to the patient including their results and waiting times.
The first step in the digital overhaul will be completed by March 2025, when patients at over 85% of acute trusts will be able to view their appointment details via the NHS app, the government said.
They’ll also be able to contact their provider and receive updates, including how long they are likely to wait for treatment.
In the effort to free-up one million appointments, patients will be given more choice over non-essential follow up appointments, while GPs will also be given funding to receive specialist advice from doctors before they make any referrals.
Sir Keir is expected to say: “This government promised change and that is what I am fighting every day to deliver.
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1:37
Streeting: ‘We’re going as far and as fast as we can’
“NHS backlogs have ballooned in recent years, leaving millions of patients languishing on waiting lists, often in pain or fear. Lives on hold. Potential unfulfilled.
“This elective reform plan will deliver on our promise to end the backlogs. Millions more appointments. Greater choice and convenience for patients. Staff once again able to give the standard of care they desperately want to.”
The CDCs will be open 12 hours a day and seven days a week wherever possible. Patients will be able to access a broader range of appointments in locations that are more convenient for them and which may speed up the pace of treatment.
There have been some concerns that giving patients choice of the location of their treatment may see some hospitals in greater demand than others – but Health Secretary Wes Streeting said this was a “matter of principle”.
“When I was diagnosed with kidney cancer, I was inundated with colleagues in parliament who were asking who my surgeon was, whether I was going to the best place for treatment, whether I was exercising my right to choose in the NHS,” he said.
“Now, it turned out I had one of the best kidney cancer surgeons in the country assigned to me by the NHS, so I was lucky.
“But frankly, someone like my mum as a cleaner should have as much choice and power in the NHS as her son, the health secretary.”
NHS chief executive Amanda Pritchard said the government’s plan was an “ambitious blueprint”.
“The radical reforms in this plan will not only allow us to deliver millions more tests, appointments and operations, but do things differently too – boosting convenience and putting more power in the hands of patients, especially through the NHS app.”