In Scotland, the Scottish Prison Service (SPS) released its policy on managing transgender people in custody, pushing for an “individualized” approach wherein transgender women will initially be placed in male jails until enough information is gathered to justify their jailing according to their chosen gender.
Following the new Policy for the Management of Transgender People in Custody, transgender women who have a history of violence against those who were assigned female at birth will only be allowed in female prisons if there is “compelling evidence” that their presence there will not pose as a risk to those already there.
It is notable that while the new policy pertains to all transgender people, focus is given to transgender women.
In the new policy, to-be-considered history of violence committed against those assigned female at birth will include: murder, culpable homicide, assault, robbery, abduction, threatening personal violence, rape, sexual harassment, bullying, and intimidation.
The current approach, valid until February 2024, allow the housing of transgender women in female prisons even if they may have a history of violence against women and girls.
Moving forward, all individuals to be jailed will be admitted and treated (e.g. for personal searches) using their sex at birth, including those who have already changed their legal gender.