London Daily

Focus on the big picture.
Wednesday, Sep 02, 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
UK Business Confidence Improves but Remains Deeply Negative
Aberdeen Hydrogen Bus Sale Recovers Just Six Pence for Every Pound Invested
Which? Exposes Booking.com Verification Failures With Fake 10 Downing Street Listing
British Business Bank Invests Up to £46 Million in Deep-Tech Startup Fund
Scottish Government Puts Violence Against Women at Center of Legislative Program
FCA Eases UK IPO Rules to Strengthen London’s Listing Market
UK Likely to Avoid Next US Tariff Measures as Washington Targets EU
Macron Visits UK for Bayeux Tapestry Exhibition and Border Security Talks
British Chambers of Commerce Cuts UK Growth Outlook to 1% for 2026 and 2027
Keir Starmer Resigns as MP for Holborn and St Pancras, Triggering By-Election
Prime Minister Andy Burnham Unveils Devolution and Cost-of-Living Agenda
UK Borrowing Costs Surge as 30-Year Gilt Yield Reaches 5.88%
Cleveland Police Receive £2 Million to Tackle Serious Crime in Middlesbrough
Number of Young People in England Without a Close Friend Reaches Record Level
Five Arrested After Newborn Baby Dies From Stab Wounds in Sheffield
Nigel Farage Faces Questions Over Reported Second Parliamentary Standards Investigation
UK Retirement Funding Requirement Rises by £64,000 Compared With 2021
UK House Prices Rise for First Time Since April, Nationwide Says
FCA Chief Faces Allegations of Intimidating Consumer Group Over £9 Billion Car Loan Inquiry
Scottish Government Presses Ahead With Cap on Essential Food Prices
Burnham Government Moves to Overhaul Early Prison Release Scheme
UK Records Hottest Summer on Record in 2026, Met Office Says
UK Government Announces Major Reset of Diplomatic Policy Towards Israel
UK Pushes Back After Trump Reopens Falkland Islands Sovereignty Dispute
Keir Starmer Resigns as MP, Triggering Holborn and St Pancras By-Election
Andy Burnham Blames Brexit for UK’s Decade of Weak Growth in First Commons Address
England Faces Renewed Scrutiny Over Sewage Discharges and Water Quality
Victoria Beckham Business Reports First Operating Profit Since Launch
BT Expects £2 Billion From Copper Sales During Full-Fibre Rollout
UK Train Drivers Secure 3.6% Pay Rise and Avert Strike Action
FCA Chief Faces Scrutiny Over Alleged Pressure on Consumer Group in Car Finance Case
Kemi Badenoch Names Andrew Griffith Shadow Chancellor in Conservative Reshuffle
UK House Prices Rise for First Time Since April
UK Shop-Price Inflation Accelerates to 1.5% in August
Met Office Data Point to Hottest UK Summer on Record
UK Announces Emergency Prison Release Measures and £110 Million Capacity Expansion
UK Launches Expanded Free School Meals and 1,400 Breakfast Clubs
Bank of England Governor Warns G20 of AI-Related Economic and Cyber Risks
Prime Minister Andy Burnham Calls for Greater Public Control of Water, Energy and Transport
UK Gains Full Access to £13 Trillion Trans-Pacific Trade Bloc
UK Long-Term Borrowing Costs Hit 28-Year High as Oil Shock Drives Global Bond Selloff
Royal Mail Keeps First-Class Stamps at £1.80 and Second-Class at 91p
Church of England Prepares Formal Apology Over Historical Forced Adoptions
UK Competition Regulator Caps Veterinary Prescription Fees at £21
UK Aviation Authorities Roll Out Airspace Changes to Reduce Flight Delays
England Makes School Allergy Policies Mandatory Under Benedict’s Law
England and Wales Tighten Child Safeguarding Checks by Removing Supervision Exemption
Cornwall Geothermal Plant Begins Commercial Power and Lithium Operations
UK Inflation Holds Near 2.9% as Energy Costs Remain a Risk
UK Productivity Growth Averages 1.1% Over Two Years, Resolution Foundation Says
×