Transgender prison policy makes it “highly, highly unlikely” an inmate with a history of violence against women would be placed in the female estate, the boss of the Scottish Prison Service has said.

SPS chief executive Teresa Medhurst was questioned by Holyrood’s Criminal Justice Committee on the service’s updated policy alongside Justice Secretary Angela Constance.

Scottish Tory justice spokesman Russell Findlay raised concern the policy would be see violent transgender prisoners housed in female prisons if they were deemed not to pose a risk to other inmates.

The policy states an “individualised” approach will be taken from 26 February, with inmates initially placed in the male estate until sufficient information is known on whether they can be accommodated in accordance with their chosen gender.

Inmates will not be placed in the female estate if it “gives rise to unacceptable risks” which cannot be mitigated, with transgender prisoners convicted of murder, rape or sexual harassment not eligible except in “exceptional circumstances”.

In response to Mr Findlay, Ms Medhurst said: “I would be struggling to understand in what circumstances somebody who has been convicted of a sex offence would be deemed not to be a risk to women.”

When pushed on whether the policy allowed it in “theory”, she replied that it would be “highly, highly unlikely”.

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She added: “Somebody who is a transgender woman who has committed an offence, or has a history of committing an offence of violence against women or girls will not be considered for the female estate or the women’s estate unless there are exceptional circumstances.

“But those exceptional circumstances would have to be very exceptional.”

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SPS publishes new policy on the management of transgender people in custody

Mr Russell also asked if female prison staff could “decline” to search “male-bodied” inmates or face disciplinary action if they refused.

Ms Medhurst responded: “Staff are not disciplined for any issues that they raise in relation to searching.”

She said a process allows staff to discuss concerns with line managers.

Mr Findlay said: “So there is an opt out?”

“What I would say to you, Mr Findlay, is that our staff are very professional in the work that they do and how they do it. If there are concerns that they have, they are entitled to raise them and we will listen.”

She added an “individual approach” was taken.

The policy review came under the spotlight following the case of transgender double rapist Isla Bryson, who was jailed last year for attacking two women.

The attacks were carried out in 2016 and 2019 when Bryson, who was born Adam Graham, was living as a man.

An urgent case review was ordered by Scotland’s then justice secretary after Bryson was initially housed in segregation at Cornton Vale women’s prison near Stirling while awaiting sentencing.

Bryson was quickly moved into the male estate following a public outcry.

The review concluded that women were not at risk from harm as a consequence of the management of Bryson.

Mr Findlay said: “This policy puts the rights of male-bodied trans prisoners above the welfare of vulnerable and voiceless women who have often suffered violence and trauma at the hands of men.

“It is little more than a reheat of the previous policy which resulted in rapist Isla Bryson being sent to a woman’s prison.”

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