Current status: Answered by Angela Constance on 26 June 2025
To ask the Scottish Government whether it plans to introduce any measures to ensure that female prisoners are not subjected to any unwanted sexual advances from biological males housed in the same facility.
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The SPS Policy for the Management of Transgender People in Custody makes it clear that if a transgender woman presents a risk of harm against women and girls, that they will be accommodated in a male establishment.
Any suspected breaches of discipline such as inappropriate behaviours, will be managed in accordance with Schedule 1 of the Prison and Young Offenders Rules (Scotland) 2011. Breaches of discipline include, but are not limited to:
4 – uses threatening words or behaviour
5 – commits any indecent or obscene act
13 – disobeys or fails to comply with any rule, direction or regulation applying to a prisoner
31 – attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.
Restrictions may then be applied to individuals such as removal from association or activities in order to provide a safe and secure environment for everyone living in prisons.