Scottish prison bosses 'should remove trans women from female jails' following Supreme Court ruling

Prison bosses should remove trans women from female jails in the wake of a landmark Supreme Court ruling, a former prison governor has said.

Rhona Hotchkiss made the call after judges unanimously ruled that women are defined by biological sex under equality laws. The judgment is expected to have wide-ranging implications north and south of the Border.

Cornton Vale women's prison | Andrew Milligan/PA

The Scottish Prison Service (SPS) takes an "individualised approach", drawn up following the Isla Bryson row.

Bryson, previously known as Adam Graham, is a double rapist who was initially remanded to Cornton Vale women’s prison after being found guilty in 2023, before being moved to a men's facility.

The SPS says its approach ensures any transgender woman with a history of violence against women and girls, who presents a risk to women and girls, will not be placed in the women’s estate.

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However, it is now considering the impact of the Supreme Court ruling. A spokeswoman said: "We have received the Supreme Court's judgement and are considering any potential impact it may have."

Ms Hotchkiss, a former governor of Cornton Vale women's prison, told the Scottish Daily Mail: "The Scottish Prison Service are looking at where they stand now and how their policies need to be revised.

"It's really easy - no males in female jails. That's it. There's no complications here, there's no finer points to be debated. The law is now clear - you cannot include biological men within the definition of woman."

Ms Hotchkiss is now a director of Beira’s Place, a women-only support service for victims of sexual violence launched by JK Rowling.

There are 16 transgender inmates in Scotland. It is not known how many are held within the female estate. The SPS said it was “not able to confirm where anyone is located within the prison estate due to data protection”.

Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission (EHRC), previously said single-sex services “must be based on biological sex”.

Speaking on BBC Radio 4’s Today programme on Thursday morning, she said: “If a male person is allowed to use a women-only service or facility, it isn’t any longer single-sex, then it becomes a mixed-sex space.”