Housing trans inmates in women's jails 'unlawful', judge rules
Lady Ross said the policy conflicts with sex-segregation rules and found no general human rights duty to place trans prisoners in women’s prisons.
- On Friday, Judge Lady Ross ruled that Scottish Prison Service guidance allowing some trans women in female prisons is "unlawful," stating prison accommodation must be provided separately for men and women.
- Campaign group For Women Scotland launched the judicial review after the Supreme Court ruled in April 2025 that "woman" in the Equality Act refers to biological sex, arguing the SPS policy conflicted with that definition.
- While acknowledging trans prisoners possess rights under Article 8 of the European Convention on Human Rights, Lady Ross found there is "no positive obligation, in general terms" to house them in opposite-sex prisons.
- Scottish First Minister John Swinney said the government will "respect the judgment" and consider its implications, while FWS director Susan Smith hailed the "comprehensive victory" for vulnerable women prisoners.
- The ruling follows public outcry after trans rapist Isla Bryson was initially held in a women's prison in 2023; the SPS subsequently reformed its housing approach for newly remanded transgender prisoners.
14 Articles
14 Articles
Trans women BANNED from female jails after landmark court judgement in Scotland
Transgender women have been banned from female jails following a landmark court judgement in Scotland today.In a resounding victory for For Women Scotland (FWS), Edinburgh judges quashed the SNP policy that permitted biological male offenders to share prisons with women.Deeming the legislation unlawful, judges "comprehensively rejected" the nationalist party's bid to house male prisoners, who identify themselves as women, in jails for female con…

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