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Scottish Prison Service to carry out 'urgent review' of trans inmates Isla Bryson case: Movement of violent transgender prisoners paused
(39 minutes later)
Isla Bryson, a convicted rapist, was moved from Cornton Vale to a male wing at HMP EdinburghIsla Bryson, a convicted rapist, was moved from Cornton Vale to a male wing at HMP Edinburgh
The Scottish Prison Service has announced an "urgent review" of all transgender cases in its prisons. An "urgent review" of all transgender cases in Scottish prisons is to be carried out, the Scottish government has announced.
It says it will pause the movement of all transgender inmates until the review is completed. The movement of all trans inmates with a history of violence against women will be paused until the review ends.
The move follows outcry about the case of Isla Bryson, a trans woman convicted of raping two women before changing gender. It follows an outcry about the case of a trans woman convicted of raping two women before changing gender.
She was initially remanded to Cornton Vale women's prison before being moved to a male wing at HMP Edinburgh. Isla Bryson was initially remanded to Cornton Vale women's prison before being moved to a men's facility.
Justice Secretary Keith Brown said the "urgent lessons learned review" into the Bryson case will be completed by Friday. Further concerns were raised by the case of Tiffany Scott, previously known as a man called Andrew Burns, who had an application to move to a women's prison approved.
She has a history of violence and is serving an order for lifelong restriction, meaning she will only be released when she is no longer considered an "unmanageable risk to public safety".
Critics argued vulnerable women prisoners, many of whom were victims of male violence, were being placed at risk.
What is the transgender prisoners row all about?
Justice Secretary Keith Brown said the "urgent lessons learned review" into the Bryson case would be completed by Friday.
The prison service was already undertaking a wider review of its transgender policy, which will continue.The prison service was already undertaking a wider review of its transgender policy, which will continue.
Until that ends, Mr Brown said:Until that ends, Mr Brown said:
No transgender person already in custody with a history of violence against women will be moved from the male to female estateNo transgender person already in custody with a history of violence against women will be moved from the male to female estate
No newly convicted or remanded transgender prisoner with any history of violence against women (including sexual offences) will be placed in the female estate.No newly convicted or remanded transgender prisoner with any history of violence against women (including sexual offences) will be placed in the female estate.
Any exceptional cases will require the approval of Scottish ministers, he said.Any exceptional cases will require the approval of Scottish ministers, he said.
"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."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.
"As the first minister pointed out last week, we must not allow any suggestion to take root that trans women pose an inherent threat to women."As the first minister pointed out last week, we must not allow any suggestion to take root that trans women pose an inherent threat to women.
"Predatory men are the risk to women. However, as with any group in society, a small number of trans women will offend and be sent to prison."Predatory men are the risk to women. However, as with any group in society, a small number of trans women will offend and be sent to prison.
"Therefore, I hope that the measures.... will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners.""Therefore, I hope that the measures.... will offer reassurance in the ongoing ability of the prison service to manage trans individuals and ensure the safety of all prisoners."
A Scottish Prison Service spokesperson confirmed that the urgent review had begun. Scottish ministers have always been keen to stress that decisions about where prisoners are housed are taken independently by the Scottish Prison Service.
But Nicola Sturgeon moved to draw a line in the sand when it came to the case of Isla Bryson - first by communicating her position to prison bosses, and then in the Scottish Parliament.
And now Justice Secretary Keith Brown is the one seeking to get on the front foot as further questions arise about further cases.
There are important caveats and distinctions to be drawn between this row about prisons and the reforms passed by MSPs to make it easier to change sex in the eyes of the law.
But in the eyes of the public, it may all be happening amid one big debate about self-identification.
With the government gearing up to defend its reform legislation in court, ministers will be desperate to look like they are on top of this issue.
The move is likely to affect only a small proportion of inmates - about 0.2% of the total prison population in Scotland.
According to the latest Scottish Prison Service statistics, there were 11 trans women, four trans men and three non-binary/gender fluid prisoners between July and September 2022.
There were 7,092 male prisoners and 280 female inmates.
The Scottish Prison Service (SPS) has previously said the decision on where to accommodate transgender prisoners was taken on a case-by-case basis, after thorough risk assessments.
Mr Brown said it was vital that this continued.
An SPS spokesperson confirmed the urgent review had begun.
"Our first concern is always, and remains, the health, safety, and wellbeing of all the people in our care, and that of our staff," they said."Our first concern is always, and remains, the health, safety, and wellbeing of all the people in our care, and that of our staff," they said.
"We have very robust risk assessment processes, and a track record of keeping people safe, in often challenging circumstances."We have very robust risk assessment processes, and a track record of keeping people safe, in often challenging circumstances.
"We have therefore paused the movement of all transgender individuals, until the review has been completed.""We have therefore paused the movement of all transgender individuals, until the review has been completed."
They said the review would consider any history of violence or sexual offending against women, and any associated risk they pose.They said the review would consider any history of violence or sexual offending against women, and any associated risk they pose.
The spokesperson added: "Until the review is completed, any trans individuals, with a history of violence towards women, will only be admitted to the male estate, in segregation, when they first enter our care. Cornton Vale women's prison is due to close soon, to be replaced by a new jail - HMP Stirling
"This arrangement will be progressed in line with our human rights obligations. Scottish Conservative MSP Russell Findlay said: "After much dithering and flip-flopping, the SNP government has finally been shamed into doing the right thing.
"Finally, our ongoing policy review will be independently assessed by experts in women affected by trauma and violence." "Just days ago, the justice secretary tried to pass the buck, saying decisions on trans prisoners were for the Scottish Prison Service. 
"But as public anger escalated, Nicola Sturgeon was forced to intervene by ordering the removal of a double rapist from a women's prison. 
"It should not have taken a second shocking case for them to ban all transfers. The long overdue SPS policy review must now be completed as a matter of urgency."