Scottish Prison Service publishes new policy on the management of transgender people in custody
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.
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”.
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 policy review came under the spotlight following the case of transgender double rapist Isla Bryson, who was jailed earlier this year for attacking two women.
The attacks were carried out in 2016 and 2019 when Bryson, who was born Adam Graham, was living as a man.
Adam Graham before transitioning to Isla Bryson
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.
Bryson was quickly moved into the male estate following a public outcry.
The review concluded that women were not at risk from harm as a consequence of the management of Bryson.
Isla Bryson arriving at the High Court in Glasgow earlier this year
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.”
Read more from Sky News:
Transgender double rapist complains of ‘transphobic abuse’ in prison
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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.
“And that’s what this policy will deliver.”
Reports of a “board-level orchestrated coup” at the BBC are “complete nonsense”, non-executive director Sir Robbie Gibb has told MPs.
Sir Robbie, whose position on the BBC board has been challenged by critics in recent weeks, was among senior leaders, including the broadcaster’s chair, Samir Shah, to face questions from the Culture, Media and Sport committee about the current crisis.
The hearing took place in the wake of the fallout over the edit of a speech by US President Donald Trump, which prompted the resignation of the corporation’s director-general and the chief executive of BBC News, and the threat of a lawsuit from the US president.
Former BBC editorial adviser Michael Prescott wrote the memo that was leaked. Pic: PA
Former editorial adviser Michael Prescott, whose leaked memo sparked the recent chain of events, also answered questions from MPs – telling the hearing he felt he kept seeing “incipient problems” that were not being tackled.
He also said Mr Trump’s reputation had “probably not” been tarnished by the Panorama edit.
During his own questioning, Sir Robbie addressed concerns of potential political bias – he left BBC News in 2017 to become then prime minister Theresa May’s director of communications, a post he held until 2019, and was appointed to the BBC board in 2021 by Boris Johnson.
BBC board member Sir Robbie Gibb appearing before the Culture, Media and Sport committee. Pic: PA
“I know it’s hard to marry the fact that I spent two years as director of communications for the government… and my genuine passion for impartiality,” he said.
“I want to hear the full range of views… I don’t want the BBC to be partisan or favour any particular way.”
Asked about reports and speculation that there has been a “board-level orchestrated coup”, Sir Robbie responded: “It’s up there as one of the most ridiculous charges… People had to find some angle.
“It’s complete nonsense. It’s also deeply offensive to fellow board members… people of great standing in different fields.”
He said his political work has been “weaponised” – and that it was hard as a non-executive member of the BBC to respond to criticism.
‘We should have made the decision earlier’
BBC chair Samir Shah also answered questions. Pic: PA
Mr Shah admitted the BBC was too slow in responding to the issue of the Panorama edit of Mr Trump, which had been flagged long before the leaked memo.
“Looking back, I think we should have made the decision earlier,” he said. “I think in May, as it happens.
“I think there is an issue about how quickly we respond, the speed of our response. Why do we not do it quickly enough? Why do we take so much time? And this was another illustration of that.”
Following reports of the leaked memo, it took nearly a week for the BBC to issue an apology.
Mr Shah told the committee he did not think Mr Davie needed to resign over the issue and that he “spent a great deal of time” trying to stop him from doing so.
Is director-general role too big for one person?
Tim Davie is stepping down as BBC director-general
Asked about his own position, Mr Shah said his job now is to “steady the ship”, and that he is not someone “who walks away from a problem”.
A job advert for the BBC director-general role has since gone live on the corporation’s careers website.
Mr Shah told the hearing his view is that the role is “too big” for one person and that he is “inclined” to restructure roles at the top.
He says he believes there should also be a deputy director-general who is “laser-focused on journalism”, which is “the most important thing and our greatest vulnerability”.
Earlier in the hearing, Mr Prescott gave evidence alongside another former BBC editorial adviser, Caroline Daniel.
He told the CMS committee that there are “issues of denial” at the BBC and said “the management did not accept there was a problem” with the Panorama episode.
Mr Prescott’s memo highlighted concerns about the way clips of Mr Trump’s speech on January 6 2021 were spliced together so it appeared he had told supporters he was going to walk to the US Capitol with them to “fight like hell”.
‘I can’t think of anything I agree with Trump on’
Mr Trump has said he is going to pursue a lawsuit of between $1bn and $5bn against the broadcaster, despite receiving an official public apology.
Asked if the documentary had harmed Mr Trump’s image, Mr Prescott responded: “I should probably restrain myself a little bit, given that there is a potential legal action.
“All I could say is, I can’t think of anything I agree with Donald Trump on.”
He was later pushed on the subject, and asked again if he agreed that the programme tarnished the president’s reputation, to which he then replied: “Probably not.”
Read more:
Experts on why Trump might struggle to win lawsuit
Why are people calling for Sir Robbie Gibb to go?
Mr Prescott, a former journalist, also told the committee he did not know how his memo was leaked to the Daily Telegraph.
“At the most fundamental level, I wrote that memo, let me be clear, because I am a strong supporter of the BBC.
“The BBC employs talented professionals across all of its factual and non-factual programmes, and most people in this country, certainly myself included, might go as far as to say that they love the BBC.
He said he “never envisaged” the fallout that would occur. “I was hoping the concerns I had could, and would, be addressed privately in the first instance.”
Asked if he thinks the BBC is institutionally biased, he said: “No, I don’t.”
He said that “tonnes” of the BBC’s work is “world class” – but added that there is “real work that needs to be done” to deal with problems.
Mr Davie, he said, did a “first-rate job” as director-general but had a “blind spot” toward editorial failings.
Police have appealed for information after a man was charged with murdering two women and raping a third.
Simon Levy has been charged with murdering 53-year-old Carmenza Valencia-Trujillo who died on the Aylesbury Estate, south-east London, on 17 March, the Metropolitan Police said.
In September, Levy, of Beaufoy Road, Tottenham, north London, was charged with murdering 39-year-old Sheryl Wilkins who was found unresponsive in High Road, Tottenham, on 24 August.
He is also accused of grievous bodily harm with intent, non-fatal strangulation and two counts of rape against a third woman, who cannot be named for legal reasons, in Haringey, north London, on 21 January, police said.
The 40-year-old will appear at Westminster Magistrates’ Court on Tuesday charged with Ms Valencia-Trujillo’s murder.
Sheryl Wilkins was found unresponsive in High Road, Tottenham, on 24 August. Pic: Metropolitan Police
He is also due to appear at the Old Bailey on Wednesday for a plea and trial preparation hearing for the murder of Ms Wilkins.
Detectives believe there may be individuals who have information relevant to this investigation – or who are yet to report incidents which have directly impacted them – and are asking for people to come forward.
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