Debbie Hayton Debbie Hayton

The flaw in Scotland’s new transgender prison policy

Credit: Getty images

Almost twelve months after rapist Isla Bryson was sent to women’s prison, the Scottish Prison Service has come up with a new transgender policy. From 26 February 2024, trans women – including male transsexuals like me – will be barred from the female estate if they had been convicted of crimes that harmed women. Quite right, but behind the headlines – ‘Trans women who hurt females to go to male prisons’, according to the BBC – the devil is in the detail.

Transgender criminals, including those with a history of violence against women, will be eligible to be admitted to women’s prisons if there is ‘compelling evidence’ that they do not pose an ‘unacceptable risk of harm’. But who is to say what is compelling and what is unacceptable? This failure of policy makers to grasp the nettle is an affront to women in prison. Those women cannot choose their roommates.

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