Revised Trans Prison Policy in Scotland

26 February 2024 - A new policy on trans prisoners has come into effect for all prisons in Scotland.

The Scottish Prison Service’s updated Policy for the Management of Transgender People in Custody sets out how decisions will be made around admission processes, accommodation and location decisions (i.e. housing in the male or female estate) and general care and management processes for transgender prisoners. The policy is also accompanied by new operational guidance.

The policy affirms that transgender individuals should be supported in their gender identity and their name and pronouns respected, irrespective of whether they are held in the male or female estate. Trans people should be given a copy of the policy and be informed of their rights within the policy.

The policy includes new placement criteria regarding individuals with a history of offenses against women and girls. Transgender women with a history of violence against women and girls, who are deemed to present a risk to women and girls, will not be placed in the women’s estate. Exceptions can be made where the Risk Management Team, and Executive Panel ‘are satisfied there is compelling evidence that they do not present an unacceptable risk of harm to those in the women's prison.’ Transgender men with a history of offenses against women and girls who are admitted to the female estate may be initially held separately until a full risk assessment is undertaken.

Overall the policy retains a case-by-case approach to placement decisions.

For further information about trans prison issues, please see our Trans Prisoner Info Sheets and our Trans Voices on Trans Prison Policy Report. 

For trans prisoners in England & Wales, please see the updated Prisoner’s Guide to Trans Rights.