London Daily

Focus on the big picture.
Saturday, Sep 19, 2026

Trans prisoners in Scotland to be placed according to birth gender

Trans prisoners in Scotland to be placed according to birth gender

Newly convicted or remanded transgender prison inmates will initially be placed in jails according to their gender at birth, the Scottish Prison Service (SPS) has confirmed.

The policy was confirmed in an urgent review which found a double rapist being placed in a women's jail did not put female prisoners at risk of harm.

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

It also called for an urgent review of admission rules for some inmates.

The investigation was ordered by Justice Secretary Keith Brown in the wake of public outcry after Bryson was initially housed in segregation at Cornton Vale prison in Stirling.

Bryson - who will be sentenced later this month for raping two women while she known as a man called Adam Graham - was then moved to a male wing at HMP Edinburgh.

In an interview with BBC Scotland, Mr Brown initially said the rule applied only to transgender people convicted of violence against women.

But after an intervention from a member of his staff, the justice secretary clarified that all transgender prisoners will go into an assessment in a prison service facility which matches the gender of their birth.

He added: "That will very often be a process which is undertaken in a segregated environment, before an assessment is made as to where the person goes.

"And if it turns out the person has that history [of violence against women or girls] then of course they will not be going to, if they are a trans woman, to the female estate."

SPS chief executive Teresa Medhurst said in a letter to Mr Brown that was published alongside a summary of the Bryson case review that she had ordered an urgent review of all transgender women in Scottish prisons.

She said: "Until these reviews are complete, any transgender person currently in custody and who has any history of violence against women - including sexual offences - will not be relocated from the male to the female estate.

"In addition, any newly convicted or remanded transgender prisoner will initially be placed in an establishment commensurate with their birth gender."

Under guidance drawn up in 2014, the prison service says "accommodation provided must be the one that best suits the person in custody's needs and should reflect the gender in which the person in custody is currently living."

However an updated SPS policy from last month stated that no newly convicted or remanded transgender prisoner with a history of violence against women would be housed in female prison facilities.

The latest change means that transgender women will now automatically go to a male prison regardless of whether or not they have previous convictions of violence against women. They will then be assessed before a decision is taken on where to place them longer-term.

However, the review says that in "exceptional circumstances" a transgender person with a history of violence against women could potentially be relocated to or placed in a prison which does not match their gender at birth, with ministerial approval.

A protest against transgender women being housed in female prisons was held outside the Scottish Parliament on Thursday

The SPS review made four key recommendations to the Scottish government.

It found the prison service received "conflicting and limited information" about Bryson beyond the immediate convictions and said a "shared justice process" for the admission of transgender people to prisons should be considered.

The SPS also called for an urgent review of admission rules and improved communications about transgender prisoners from other justice sector organisations.

The report concluded SPS policy was followed in Bryson's case and said an individualised approach to risk assessments should continue.

"It is recommended that this person centred, individualised approach, which seeks to balance the rights of the individual with the risks they pose to themselves and to others continues and is encouraged," the report said.

Key findings and recommendations resulting from the review were published on Thursday, but Ms Medhurst said she believed it was "not necessary" to publish the full report due to the level of personal information it contains.

Scottish Conservative leader Douglas Ross urged the first minister to publish in full the review of the Bryson case at First Minister's Questions earlier on Thursday, with Ms Sturgeon pledging only to release the key findings.

Bryson was found guilty of raping two women in 2016 and 2019 in Clydebank and Glasgow before she changed gender.

The review into the handling of that case by the prison service was completed by the Scottish Prison Service last Friday, with a summary being made public on Thursday afternoon.

The SPS has also been conducting a Gender Identity and Gender Reassignment (GIGR) policy review since 2019 in response to concerns raised about welfare of people in its care.

Mr Brown confirmed the new policy on assessing transgender prisoners would remain in place pending the findings of the GIGR review.

In response to the Bryson report, he said: "All recommendations from the review have been accepted by Ms Medhurst as chief executive and will be progressed by SPS in collaboration with others as needed.

"As confirmed in the letter, SPS will factor the learning identified from this review into its GIGR policy review, which is ongoing."


Justice secretary explains prison gender policy


Newsletter

Related Articles

0:00
0:00
Close
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
Twenty Women Underwent Unnecessary Mastectomies at County Durham NHS Trust
British Steel Costs Taxpayers £1.3 Million a Day as MPs Demand Long-Term Plan
UK Parliament Advances Sovereign Grant Reform Setting Royal Funding at £99.9 Million
King Charles Urges Human-Centred Approach to Artificial Intelligence at Scotland Summit
House of Lords Begins Scrutiny of Voting-Age and Political Finance Reforms
UK Labour Market Shows Growing Divide Between Younger and Older Workers
Nearly Seven in 10 UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Andy Burnham Reaffirms UK Net-Zero Target Amid North Sea Energy Debate
UK Parliament Demands Credible Financial and Decarbonisation Plan for British Steel
MPs Urge Government to Reject Thames Water Rescue Deal and Prepare Special Administration
Bank of England Holds Rate at 3.75% as Energy Shock Raises Inflation Risks
TUC Calls for Social Energy Tariff Funded by Higher Taxes on Bank Profits
UK Parliament Enters Conference Recess After Advancing Sovereign Grant Legislation
King Charles Hosts Artificial Intelligence Leaders at Dumfries House Summit
Nearly Seven in Ten UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Anthropic Details Malicious Use of Claude in Cyber, Weapons and Influence Operations
McLaren Announces £500 Million UK Investment and 1,000 New Jobs
Scotland and Wales Sign Cardiff Agreement to Deepen Cooperation on Shared Policy Priorities
UK Government Moves to Fully Fund Teacher Pay Award as Strike Threat Recedes
UK Competition Regulator Deepens Scrutiny of Microsoft’s Business Software and AI Market Position
NHS England Reforms Focus on Cutting Waiting Lists and Improving Digital Care
England Maintains Mandatory Housing Targets in Push for 1.5 Million New Homes
UK Government Plans Statutory Industrial Strategy Council to Strengthen Long-Term Economic Policy
Asthma Charity Warns of Major Gaps in Childhood Diagnostic Testing Across England
TUC Chief Paul Nowak Appointed to Bank of England Court
Bristol Opens £35 Million Deep-Tech Innovation Hub at Temple Quarter
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Housing Plan
Andy Burnham Deepens UK Defense and AI Cooperation With NATO and Canada
UK Government Announces Neonatal Safety Reforms After Thirlwall Inquiry
Bank of England Weighs Rate Decision as UK Inflation Rises to 3.1%
UK Health Unions Warn of Staffing Pressures as Public and Private Pay Growth Diverges
Rockstar Games Faces Tribunal Claims From 23 Former Grand Theft Auto VI Developers
UK Treasury Faces Tighter Budget Constraints as Borrowing Costs and Pension Spending Rise
Prime Minister Andy Burnham Sets Out Ten-Year Plan for Greater Public Oversight of Utilities
UK Economy Grows 0.4% in July as Services and Technology Activity Strengthen
Scotland, Wales and Northern Ireland Leaders Coordinate Push for UK Constitutional Change
Police Tighten Public-Order Measures After Anti-Immigration Protests in Dover and Portsmouth
UK Ministers Pressed for Answers After US Diplomat Accused of Child Abuse Images Leaves Britain
Jaguar Land Rover Pursues NATO Defense Contracts for Defender Vehicles
British Service Member Dies in Road Accident While Deployed in Ukraine
George Osborne Calls for Britain to Rejoin EU Customs Union
Anthropic Chief Dario Amodei Urges Faster UK Action on Advanced AI Risks
UK State Pension Set for 3.9% Rise Under Triple Lock
UK Labour Market Cools as Payrolled Employment Continues to Decline
×