Female guards reassured over searches

Female prison officers have been told they can raise any concerns they have over dealing with trans inmates

Female prison officers will not be disciplined if they refuse to strip search trans women inmates, MSPS have been told.

The Scottish Prison Service also confirmed some trans women with a history of violence could still be sent to a female prison in “exceptional circumstances”.

Teresamedhurst,chiefexecutive of the Scottish Prison Service, was questioned by Holyrood’s criminal justice committeeaboutnewpoliciesonhowto deal with trans prisoners.

The policy, which comes into effect on February 26, “reflects and recognises wider societal changes” in making the recognition of a person’s gender an essential human right. There are currently 23 trans prisoners in Scotland – less than one per cent of the total prison population.buttheissuehasbecomeof significant public interest after double rapist Isla Bryson was initially sent to HMP Cornton Vale women’s prison.

Bryson, who was born as a man called Adam Graham, was found guilty of two counts ofrapeatthehighcourtinglasgow in January 2023.

The case sparked widespread anger, and Bryson was eventually moved to a men’s prison which led to a review in how trans prisoners are handled by the prison service.

One of the policies the Holyrood committee discussed was having trans women prisoners strip searched by men if they pose a risk to female members of staff. Justice Secretary Angela Constance said: “Prison governors have discretion to allow trans people to be searched by anofficeroftheirbirthsexifnecessarytoensurethehealth,safety and welfare of the trans person and staff are kept.”

Russell Findlay MSP, the Scottish Conservatives’ justice spokesman, asked what would happen if female officersdeclinedtostripsearchtrans women.

Ms Medhurst said: “Staff would not be disciplined for issuestheyraise.wehaveovera number of years now had a process in place whereby individuals are able to discuss any concernstheyhavewiththeirmanager, and we continue to search trans individuals in relation to their affirmed gender without much in the way of difficulty.”

She says she did not envisage this being a problem when the new policy is introduced next month. During the debate Ms Medhurst also confirmed violent trans women would not be held in the women’s estate, but that there would not be a blanket ban. She said: “Somebody who is a trans who has a history of committing offences of violence against women won’t be consideredforthefemaleestate unlessthereareexceptionalcircumstances, but they would have to be very exceptional.”

Mrfindlaythenaskedifsomeone like Isla Bryson could be sent to a women’s prison under this new policy. Ms Medhurst confirmed this would not happen. She was then asked if a trans woman with a history of violence rather than a history of sexual violence would be eligible to go to a women’s prison.

Ms Medhurst said it would “dependonthecircumstanceof theindividualcase”,butaddedit wouldbe“highly,highlyunlikely” that would lead to that person going to a women’s prison.

We continue to search trans individuals in relation to their affirmed gender without much difficulty