‘Women safe from violent trans threat’

Transgender prison policy makes it “highly, highly unlikely” an inmate with a history of violence against women would be placed in the female estate, the CEO of the Scottish Prison Service (SPS) says.

Teresa Medhurst was asked by Holyrood’s criminal justice committee about new policy with Justice Secretary Angela Constance.

Scottish Tory justice spokesman Russell Findlay raised concern the policy would see violent trans prisoners housed in female prisons if they were not deemed a risk to inmates.

The policy states an “individualised” approach will be taken from February 24, with inmates initially placed in the male estate until enough is known about whether they can be accommodated in accordance with their chosen gender.

Inmates will not be placed in the female estate if it “gives rise to unacceptable risks” which cannot be mitigated, with transgender prisoners convicted of murder, rape or sexual harassment not eligible except in “exceptional circumstances”.

In response to Mr Russell, Ms Medhurst said: “I would be struggling to understand in what circumstances somebody who has been convicted of a sex offence would be deemed not to be a risk to women.”

When pushed on whether the policy allowed it in

“theory”, she replied that it would be “highly, highly unlikely”.

She added: “A transgender woman who has committed an offence, or has a history of committing an offence of violence against women or girls will not be considered for the female estate or the women’s estate unless there are exceptional circumstances.

“But those exceptional circumstances would have to be very exceptional.”

Mr Russell asked if female staff could “decline” to search “male-bodied” inmates or face disciplinary action if they refused.

Ms Medhurst responded: “Staff are not disciplined for any issues that they raise in relation to searching.”

She said staff can discuss concerns with managers. Mr Findlay said: “So there is an opt out?”

“It’s not . . . what I would say to you, Mr Findlay, is that our staff are very professional in the work that they do and how they do it. If there are concerns that they have, they are entitled to raise them and we will listen.”

She added an “individual approach” was taken.

QUIZZED: SPS chief Teresa Medhurst, left, at Perth Prison. Picture by Kenny Smith.