Female prison officers will not be disciplined for refusing to strip search trans inmates

The Scottish Prison Service also confirms some violent trans women may still be sent to female prisons in ‘exceptional circumstances’

Female prison officers will not be disciplined if they refuse to strip search trans women inmates.

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”.

Teresa Medhurst, chief executive of the Scottish Prison Service, was questioned by Holyrood’s criminal justice committee on Thursday about new policies on how to deal with trans prisoners.

Inside HMP Cornton Vale, Scotland's only female prison. Image: Andrew Milligan/Press Association.

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, which is less than one per cent of the total prison population.

However the issue has become of 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 of rape at the High Court in Glasgow 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 an officer of their birth sex if necessary to ensure the health, safety and welfare of the trans person and staff are kept.

“For example if there is a risk to the safety of an officer when searching a trans individual in their affirmed gender, they will be searched by someone of their birth gender.”

She confirmed this also applies to observing prisoners providing drug samples as well.

Russell Findlay MSP, the Scottish Conservatives’ justice spokesman, asked what would happen if female officers declined to strip search trans women.

Ms Medhurst said: “Staff would not be disciplined for issues they raise.

“We have over a number of years now had a process in place whereby individuals are able to discuss any concerns they have with their manager, and we continue to search trans individuals in relation to their affirmed gender without much in the way of difficulty.

“Where there are concerns we will work with individuals and work around it.”

She says she doesn’t envisage this being a problem when the new policy is introduced next month.

During the debate Ms Medhurst also confirmed violent trans women will not be held in the women’s estate, but added there will not be a blanket ban on this.

She said: “Somebody who is a trans who has a history of committing offences of violence against women won’t be considered for the female estate unless there are exceptional circumstances, but they would have to be very exceptional.”

Mr Findlay then asked if someone like Isla Bryson could be sent to a women’s prison under this new policy.

Ms Medhurst confirmed this would not happen, as she “struggles to understand a circumstance where someone with a sex offence would not be deemed a risk to women”.

However 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 “depend on the circumstance of the individual case”, but added it would be “highly, highly unlikely” that would lead to that person going to a women’s prison.

She also defended the prison service’s strategy for dealing with female prisoners, saying she is satisfied it is fit for purpose.

Ash Regan MSP, who resigned as community safety minister in protest over the Scottish Government’s gender reforms and has since defected from the SNP to Alba, accused the prison service of prioritising the feelings of “trans-identifying males” over women’s safety.