Current status: Answered by Angela Constance on 26 June 2025
To ask the Scottish Government what its current approach is to trans-identifying male prisoners, and what its position is on whether its approach aligns with its commitment to women's rights.
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
As defined in the SPS Management of Transgender People in Custody 2023, SPS manage transgender individuals in our custody using a rights-based approach, whilst ensuring that no transgender woman with a history of violence against women and girls, who presents a risk to women, will be placed in the female estate.
SPS’ Women’s Strategy also recognises the rights of women, by promoting therapeutic and trauma informed environments that recognise the individual past experiences of women and their specific needs.
Like many public services, SPS is currently reviewing its policies and practices to consider the impacts of the Supreme Court judgement. We will work to ensure that our policies or practices that are impacted comply with the outcome of the judgement and the Equality and Human Rights Commission’s revised Code of Practice, when published, ensuring compliance with the law.
Scottish Government’s Short Life Working Group will also support SPS to take the necessary steps when the Code is published.