No trans prisoners have attacked women, says justice ministeron January 30, 2023 at 11:32 am

Justice Secretary Keith Brown has said there are no transgender prisoners with violence convictions against women in the female prison estate.

It comes after it emerged that violent prisoner Tiffany Scott, previously known as a man called Andrew Burns, applied to transfer to a women’s jail.

On Sunday, a “pause” was placed on the transfer of transgender inmates.

Official figures show that there are currently five transgender women being held in the women’s prison estate.

Mr Brown told BBC Radio’s Good Morning Scotland programme no trans prisoners with a history of violence against women were being held in female prisons.

He also said that none of those was considered a threat.

Mr Brown said: “This changes on a regular basis but it is my understanding there are no transgender women in the female estate that have violence against women convictions.

The minister added that, in exceptional circumstances, a trans woman could be moved to the female estate, but that would require the approval of Scottish ministers.

“It will always be the case, has always been the case, similar in relation to a gender recognition certificate, that these things are not determinative of where somebody is placed,” he said.

“You cannot insist on that right if you’re a transgender woman or man, to be placed in the estate where you want to be placed.

“It will only happen as a result of a multi-party assessment, a rigorous risk assessment that goes on and that is what determines where people are placed.”

Mr Brown announced on Sunday that there would be a “pause” on transgender prisoners with a history of violence against women being placed in female jails in Scotland.

The order said that no transgender person already in custody with a history of violence against women would be moved from the male to female estate and also that no newly-convicted or remanded transgender prisoner with any history of violence against women (including sexual offences) would be placed in the female estate.

He said this pause would last “at least” as long as two reviews were ongoing.

An urgent review into the case of trans woman Isla Bryson, who was convicted of raping two women before changing gender, is under way.

There was a public outcry when Bryson was initially remanded to Cornton Vale women’s prison and she was later moved to a men’s jail.

Mr Brown has confirmed the “lessons learned review” would be completed by Friday.

MSPs also voiced their outrage after reports emerged on Sunday that Tiffany Scott – who was convicted of stalking a 13-year-old girl before her transition – was due to be moved to the female estate.

Speaking to BBC Radio Scotland on Monday, Mr Brown said a decision on Scott’s placement “wasn’t taken” and had not been given approval from the risk management authority, adding: “There is so much in the public domain which is incorrect.”

Scott 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.

A second, longer-term review is also ongoing by the Scottish Prison Service (SPS).

The review of 2014’s Gender Identity and Gender Reassignment Policy began in 2019 and has involved consultation with prison staff who have experience of working with transgender people in Scotland’s prisons, transgender men and women in prison, men and women living in custody across the Scottish prisons estate and discussions with over 30 stakeholders.

Mr Brown said that if a review recommended a specific unit for trans people, they would consider it.

“Whatever the review comes back with, we will look at,” he said.

“In relation to one of the cases (Bryson) nobody was put into the general population. That was somebody who was put into a place where they were segregated and the protections that were necessary were in place and that was standard practice.

“But the review is ongoing. Let’s see what the review comes back with and of course we will consider any recommendations which are made.”

Shadow Scottish secretary Ian Murray told the programme that events of the past week had been “botched” by the Scottish government and the justice secretary.

“I think in all reasonable terms people would see the current issues that are going on around the Isla Bryson case as being unreasonable.

“The Scottish government really do need to sort this out because the Equality Act is clear that single-sex spaces, including women’s prisons, have got to be protected under the law, and it looks in this case as if people are being put in danger,” he said.

“I don’t think it does either the prison community, the Scottish government, or indeed the trans community any favours whatsoever.”