Brown announces stay on trans prisoner moves
No newly convicted transgender person with any history of violence against women will be placed in or transferred to a female prison, pending a review of the management of trans prisoners, Justice Secretary Keith Brown has announced.
The move comes following an outcry over the case of Isla Bryson, who as Adam Graham was charged with the rape of two women before announcing her new identity while on remand awaiting trial. Following conviction this month she was initially remanded to Cornton Vale women's prison, before being moved.
A second case then came to light of a prisoner now known as Tiffany Scott, previously Andrew Burns, subject to an order for lifelong restriction following convictions for violence, whose application to transfer to a women's prison had been approved.
"I understand that the issue of any trans woman being convicted of violent and sexual offences is a highly emotive subject and that the public concern is understandable", Mr Brown said in a statement.
"I explained in Parliament last week my trust in the Scottish Prison Service in managing and dealing with offenders and the risks that they can pose. That includes the tiny fraction – around 0.2% of prison population – of people in prison who are trans.
"As we always acknowledge, it is important arrangements for the management of offenders are kept under review.
"It is important to be clear, however, that SPS policies have in no way been changed or impacted by the recent passing of the Gender Recognition Reform Bill (which, in any event, is not yet in force).
"SPS have already been undertaking, in dialogue with the Scottish Government and other stakeholders, a review of the management of trans prisoners, which is nearing completion.
"In addition, an urgent lessons learned review has been instructed in relation to the case of Isla Bryson, with any learning to be applied immediately to existing transgender cases in the prison estate. The latter review will report to the CEO by Friday 3 February."
The interim measures would apply pending completion of these reviews.
Mr Brown added: "The ongoing safety of prisoners – many of whom have experienced gender based violence in the community – will remain the priority in all actions that are taken.
"Beyond the steps being set out today, it is vital that decisions about the location and management of prisoners continue to be based on thorough risk assessment, drawing on the expertise and input of relevant professionals and applying any lessons learned from the reviews referred to.
"I am grateful to the Scottish Prison Service for their continued ongoing work in this area and for their professionalism in dealing with complex, high profile and challenging individuals within their care."
Conservative and Labour spokespersons have called for a change in policy for the protection of women prisoners, with Russell Findlay for the Conservatives calling for a full investigation into the Bryson case by the Scottish Parliament's Criminal Justice Committee.