The case of Isla Bryson has been in the news this week. As far as we can tell, the Scottish Prison Service’s policy has generated the result it should, and that we would have expected. As we understand it, Isla Bryson was held in segregation while a risk assessment was done. That risk assessment decided, not surprisingly, that she should not be held in the women’s estate. That is what we would expect for a person convicted of rape. It is our view that anyone who has committed sexually violent crimes, and who poses a risk to women, should not be housed with women on the female estate.

In September 2022, there were 15 trans people in custody in Scotland (0.2% of the prison population). Following risk assessments, 9 of them were held in the estate matching their gender assigned at birth, and 6 in the estate matching their transitioned gender. It is right that this should be decided on an individualised risk assessment basis. For example, a trans woman transitioned for 20 years, who is in prison for a non-violent offence like financial fraud, might pose no risk to other women in custody, but be at significant risk herself if accommodated on the male estate. A blanket rule about where trans people in custody are accommodated would be wrong.

The assessment of where a trans person in custody is held does not depend on whether or not they have a gender recognition certificate (GRC). The risk assessment policy applies to all trans people in custody, with or without GRCs. That means that the changes to the process for applying for a GRC, overwhelmingly agreed by the Scottish Parliament in December, would have no effect on the Scottish Prison Service’s policy on this, and no effect on where trans people in custody are housed.

In a community of any size, there will be some people who commit appalling crimes – that does not and should not reflect on the majority of that community.