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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”.

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 they transitioned
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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 arrives at the High Court in Glasgow
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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
Man abducted and sexually assaulted schoolgirl while dressed as a woman

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.”

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Teenage boy jailed for seven years for killing 80-year-old dog walker – as 13-year-old girl escapes jail sentence

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Teenage boy jailed for seven years for killing 80-year-old dog walker - as 13-year-old girl escapes jail sentence

The family of an 80-year-old man say they have “no sympathy” for the children who killed their loved one, as a 15-year-old boy was jailed for seven years and a 13-year-old girl escaped a custodial sentence.

Bhim Kohli was found lying on the ground in Franklin Park in Braunstone Town, near Leicester, on 1 September last year and died the next evening of a spinal cord injury.

He had been following a familiar routine, walking his beloved dog Rocky to the local park, just yards away from his home. But when he arrived at the park, he was approached by teens who attacked him.

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CCTV shows 80-year-old before attack

The jury at Leicester Crown Court heard a girl, aged 12 at the time, had pointed Mr Kohli out to a boy, who was 14 at the time, and who then subjected Mr Kohli to a brutally violent attack.

The 80-year-old grandfather was slapped about the face with a slider shoe and racially abused, before being punched and kicked while on the floor.

Mr Kohli suffered a broken neck and fractured ribs as a result of the attack.

Mr Kohli's daughter, Susan Kohli
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Mr Kohli’s daughter, Susan Kohli

His daughter, Susan Kohli, who found her father lying on the ground following the attack, says it’s hard to find forgiveness for her father’s killers, regardless of their ages.

“Why should they be given grace for what they have done?” asks Ms Kohli. “They chose to attack a defenceless pensioner and for that I cannot give them any of my sympathy.”

Bhim Sen Kohli

Initially, the boy, now 15, told the jury he walked over to Mr Kohli, wearing a balaclava because the girl, now 13, had said Mr Kohli “carries a knife”.

But this was disputed in court, and the attack on Mr Kohli was described by the prosecution as “gratuitous violence against a man who was defenceless”.

While the girl involved never physically touched Mr Kohli, the court heard she had taken a photograph of him in Franklin Park just a week before he was killed.

Kelly Matthews, a senior district crown prosecutor
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Kelly Matthews, a senior district crown prosecutor

“If it wasn’t for her, things might have been very different,” said Kelly Matthews, a senior district crown prosecutor, who explained why the girl was also convicted of manslaughter.

“She was the one [who] pointed him out to the boy. Whilst the boy was attacking Mr Kohli, she filmed it. She encouraged him. She laughed, when violence was taking place,” said Ms Matthews.

Police community support officers at the scene in Franklin Park last September. Pic: PA
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Police community support officers at the scene in Franklin Park last September. Pic: PA

Ms Kohli says she still cannot understand why anyone, but especially “children of that age”, would want to attack an “old age pensioner”.

“You can see from his physique that he’s a very gentle, frail man. What was going through their heads?” she asks.

“That’s what I cannot get my head around.”

However, she believes the glorification of violence on social media played an element, and says “parents also have a part to play in it” to ensure their children’s social activity is being monitored.

The 15-year-old boy was ordered to serve seven years’ detention, and the 13-year-old girl was handed a three-year youth rehabilitation order by a High Court judge at Leicester Crown Court.

Mr Justice Turner called it a “cowardly and violent attack” on an elderly man who did “nothing to deserve” what happened to him.

He told the boy: “What you did was not one single attack which you immediately regretted, but two separate violent outbursts.”

He added: “I’m sure you regret he died because of what you did to Mr Kohli, but you still say it wasn’t your fault.

“It was your fault and the sooner you realise this, the better.”

He accepted, while the girl had encouraged the boy’s behaviour, she did not know he would use “anything like the level of violence he did”.

Speaking outside Leicester Crown Court after the sentencing, Ms Kohli said she is “angry and disappointed” the teenagers’ sentence does not reflect the severity of the crime.

“The death of my dad has left a hole in our family, a hole that can never be filled because of the actions of two teenagers on that Sunday evening last September,” she said.

“I believe on that day the two teenagers made a choice. The teenage boy chose to attack my dad and the girl chose to film him being attacked. They knew what they were doing.”

She added: “When they are released, they still have their full lives ahead of them. They can rebuild their lives. We can’t.”

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Murder arrest after electric bike, pedestrian and car collision leaves teen dead in Sheffield

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Murder arrest after electric bike, pedestrian and car collision leaves teen dead in Sheffield

A 20-year-old man has been arrested on suspicion of murder after a 16-year-old boy died following a collision between an electric bike, a pedestrian and a car in Sheffield, police have said.

Emergency services responded shortly after 4.50pm on Wednesday to reports of an accident in Staniforth Road in the Darnall area of Sheffield.

South Yorkshire Police said it is understood that a grey Audi drove towards three electric bikes, colliding with one rider.

The car continued to travel following the crash with the electric bike and was further involved in a collision with a pedestrian.

The driver of the Audi failed to stop at the scene.

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Witness recalls giving CPR

Graphic CCTV footage of the incident appears to show the car veer into the opposite carriageway before hitting the 16-year-old pedestrian at speed.

Pic: YappApp
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Forensics officers at the scene. Pic: YappApp

Pic: YappApp
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Pic: YappApp

The boy was taken to hospital. Despite emergency treatment, he died as a result of his injuries. The boy’s family has been informed and are being supported by specialist officers.

An 18-year-old man, who was the rider of the electric bike, remains in hospital with serious injuries which are not thought to be life-threatening.

A 20-year-old man in Kent has been arrested on suspicion of murder. He remains in police custody.

Three people, a 45-year-old woman and two men aged 26 and 46, have been arrested on suspicion of assisting an offender. All three remain in custody.

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Senior Investigating Officer in the case, Detective Chief Inspector Benjamin Wood, said: “This is a tragic incident in which an entirely innocent bystander, who was going about his daily business, has sadly lost his life. Our thoughts are with the boy’s loved ones, and we remain focused on securing justice for them.

“We know that this incident will have caused concern in the local community, and we have a team of detectives working at pace to piece together the circumstances which unfolded.

“We’re aware of footage being shared online and I’d like to reiterate our message to the public to withhold from speculating or circulating videos which may cause distress to the boy’s family.

“If you have any footage, imagery or information that may help our investigation then please share this directly with us – it may form an important part of our enquiries. We are also keen to hear from the riders of two electric bikes who were in the area at the time of the incident.”

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Mum who abused son so badly he had to have his legs amputated to be freed early from prison

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Mum who abused son so badly he had to have his legs amputated to be freed early from prison

A mother who abused her child so badly he had to have his legs amputated is to be released early from prison.

Jody Simpson and Anthony Smith were both jailed for 10 years in 2018 for torturing their son, Tony Hudgell, who is now 10.

Anthony Smith and Jody Simpson were jailed for abusing Tony
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Anthony Smith and Jody Simpson were jailed for abusing Tony

He was just 41 days old when he was assaulted by the pair and left untreated and in agony for 10 days.

The attack caused multiple fractures, dislocations and blunt trauma to the face, leading to organ failure, toxic shock and sepsis.

The damage meant both his legs had to be amputated.

Simpson was due to be released on licence at the halfway point of her prison sentence in August 2022.

However, then justice secretary Dominic Raab referred her case to the Parole Board and her release was put on hold.

A spokesperson for the Parole Board on Wednesday confirmed Simpson was set to be released.

Paula Hudgell, Tony’s adoptive mother, criticised the decision in a social media post.

“Tony has life long injuries every day he suffers due to her hands,” she wrote on X.

Tony’s case led to a public outcry and calls for child abusers to be given life behind bars.

Tory MP Tom Tugendhat, who led a campaign for the changes, which are also known as Tony’s Law, said on X: “I’m backing Tony as he faces the early release of his abuser – his birth mum.

“Tony lives every day with the pain caused by her crimes as a baby. We must do more to protect children like him.”

Tony has since gone on to be a successful fundraiser for charity – for which he has been honoured by the Royal Family.

Read more:
Royals invite double amputee to Buckingham Palace
Tony Hudgell is youngest person to receive British Empire Medal

The Prince of Wales meets Tony Hudgell during a Royal Garden Party at Buckingham Palace, London. Picture date: Tuesday May 20, 2025.
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The Prince of Wales with Tony, who has raised millions for charity, during a Royal Garden Party at Buckingham Palace in May. Pic: PA

A statement from the Parole Board said: “We can confirm that a panel of the Parole Board has directed the release of Jody Simpson following an oral hearing.

“Parole Board decisions are solely focused on what risk a prisoner could represent to the public if released and whether that risk is manageable in the community.

“A panel will carefully examine a huge range of evidence, including details of the original crime, and any evidence of behaviour change, as well as explore the harm done and impact the crime has had on the victims.”

It added: “Parole reviews are undertaken thoroughly and with extreme care. Protecting the public is our number one priority.”

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A Ministry of Justice spokesperson said: “This was a horrific crime that saw Tony Hudgell mercilessly tortured by his birth parents and our thoughts remain with him and his loved ones.

“Now that the independent Parole Board has directed her release, Jody Simpson will be subject to strict supervision and licence conditions. She faces an immediate return to prison if she breaks the rules.”

Smith was due for automatic release in early September 2022, but his early release was blocked at the time.

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