Scotland's trans prisoner shame: More than 60 per cent began transitioning after being convicted

Isla Bryson walking with an umbrella

Isla Bryson transitioned from male to female after being charged for rape

PA
Georgina Cutler

By Georgina Cutler


Published: 28/03/2023

- 10:22

Seven trans women are serving their sentences in a women’s estate

More than 60 per cent of transgender prisoners behind bars in Scotland only transitioned after they were convicted.

According to data collected under Freedom Information laws, at the start of last month, 19 transgender prisoners were in custody with 12 recorded as beginning their transition “after their date of admission”.


A total of seven trans women - biological men who identify as female – are being allowed to serve their prison sentences in the women’s estate, despite outcry over transgender double rapist Isla Bryson.

Bryson was originally sent to Cornton Vale women’s prison near Stirling to await sentencing but was later moved to a male estate.

People protesting in Scotland

Scotland's prison policy caused public outcry when Isla Bryson was housed in a women's estate

PA

The 31-year-old started their transition from male to female after being charged with raping two women.

She was known as Adam Graham at the time of the sexual offences.

The Scottish Prison Service (SPS) said that “of those seven, less than five individuals in our care were recorded as beginning their transition after their date of conviction”.

The new data has sparked fresh controversy over Scotland’s prisoner policy and fired up claims that prisoners transitioning after being convicted are taking advantage of the system.

New SNP leader, Humza Yousaf has vowed to press on with Nicola Sturgeon’s trans self-ID reforms despite public outcry and the UK Government blocking the bill.

In his first comments after his victory, he accused the UK Government of a “power grab” over its decision to veto the reforms.

Kenny MacAskill, the Alba Party MP and a former SNP justice secretary, said: “This is far from reassuring and confirms that self-ID is being used to avoid going to male prisons by male prisoners who have convictions for very serious crimes.”

The prison policy is currently being reviewed following the case of Bryson.

Humza Yousaf delivering his winning speech

SNP leader Humza Yousaf has vowed to push ahead with Sturgeon’s gender reforms

New interim plans mean that prisoners are sent to jail based on their biological sex but can be moved later following reviews.

Teresa Medhurst, chief executive of the SPS, said that of the seven trans women in female jails, four had been convicted and three were being held on remand.

She added: “The four sentenced individuals all had an index offence in the non-sexual crimes of violence group.

"The remanded individuals are alleged to have committed offences in the non-sexual crimes of violence group and the crimes against society group.”

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