According to the Scottish Prison Service’s director, it is “highly, very unlikely” that an offender with a history of violence against women will be housed in the adult estate due to transgender jail policy.
Along with Justice Secretary Angela Constance, SPS CEO Teresa Medhurst was questioned by Holyrood’s Criminal Justice Committee about the updated policy of the organization.
Russell Findlay, a spokesperson for Scottish Tory justice, expressed concern that the policy would result in high-risk transgender prisoners being housed in female prisons if it was determined that they posed no threat to other prisoners.
According to the policy, an “individualized” approach will be used starting on February 26. Inmates will initially be housed in the female estate until enough information is known to determine whether they can be accommodated according to their chosen gender.
Transgender captives convicted of murder, rape, or sexual abuse are generally excluded except in “exceptional circumstances,” and individuals will not be placed in the adult estate if it “gives rise to unacceptable risks” which cannot be mitigated.
Ms. Medhurst responded to Mr. Findlay by saying, “I would be trying to figure out under what circumstances someone who has been convicted of a sex offense would not be deemed to be a risk to women.”
She responded that it would be “highly, very unlikely” when asked if the policy permitted it in “theory.”
“The adult estate or the women’s estate will not be considered for someone who is a transgender woman who has committed an act of violence against women or girls, unless there are extraordinary circumstances,” she continued.
However, those extraordinary circumstances would need to be truly exceptional.
Mr. Russell also questioned whether female prison staff had “refused” to search “male-bodied inmates or risk disciplinary action if they did not.”
Employees are not disciplined for any concerns that they raise in relation to searching, Ms. Medhurst retorted.
She claimed that a procedure allows employees to speak with column supervisors about their concerns.
“So there is an opt-out,” Mr. Findlay remarked.
“What I do say to you, Mr. Findlay, is that our employees are very skilled at both the work they do and the methods they use.” “They have the right to voice any concerns they may have, and we will discuss.”
She continued by saying that an “individual view” was used.
Isla Bryson, a transgender double rapist who was sentenced to prison last year for attacking two women, was the subject of the policy review.
When Bryson, who was born Adam Graham, was a man, the attacks were committed in 2016 and 2019.
After Bryson was initially detained in custody at the Cornton Vale women’s prison outside of Stirling while awaiting sentencing, the then-justice secretary of Scotland ordered an immediate case review.
Following a public outcry, Bryson was swiftly moved into the male estate.
According to the review, people were not at risk of harm as a result of Bryson’s custody.
The safety of vulnerable and silent women who have often experienced violence and trauma at the hands of men is prioritized over the rights of male-bodied trans prisoners, according to Mr. Findlay.
Isla Bryson, a murderer, was sentenced to prison because of the previous scheme, which was essentially reheated here.
