A prison boss has been told “we do need answers” over how a transgender double rapist ended up in a female-only jail.

An urgent case review was ordered by Scotland’s justice secretary in the wake of public outcry after Isla Bryson, 31, was initially housed in segregation at Cornton Vale prison near Stirling following her conviction last month.

Bryson, who will be sentenced later in February for raping two women while she was a man, was then moved to the men’s estate.

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

It was also stated that Bryson did not come into contact with any other inmates during her time at Cornton Vale.

The full urgent case review has not been shared by the Scottish Prison Service due to data protection reasons.

At the Criminal Justice Committee meeting on Wednesday, SPS chief executive Teresa Medhurst was questioned over the controversial case.

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‘We do need answers’

Scottish Labour MSP Katy Clark noted that a multi-disciplinary assessment had yet to take place at the time of Bryson’s conviction but highlighted that the offender changed gender after being charged.

Ms Clark said: “What we don’t understand is why the individual was not transferred to Barlinnie and held in segregation there, pending the multi-disciplinary risk assessment.”

The MSP for West Scotland added: “We do need answers.”

Ms Medhurst explained that at the time of admission to the prison estate, “extremely limited information” is available on the inmate as there is no time for a multi-disciplinary case conference so a “best case decision” is taken.

She stated: “It is almost an immediate decision and people weigh up the different elements. It’s not an algorithmic approach but they weigh up every element of information they have and reach what they consider to be the best decision given the circumstances.”

In regards to Bryson’s placement, Ms Medhurst said the decision was taken in conjunction with SPS headquarters.

When further questioned by Conservative MSP Jamie Greene, she stated: “That decision, as I said earlier, was taken by headquarters.”

When pressed further on who made the decision, she added: “I’m not at liberty to say.”

Until the wider SPS Gender Identity and Gender Reassignment (GIGR) Policy Review is complete, any transgender person in custody who has a history of violence against women – including sexual offences – will not be relocated from the male to female estate.

Additionally, newly convicted or remanded transgender prisoners will be placed in an establishment which aligns with their gender at birth.

At the committee meeting, justice secretary Keith Brown reiterated his “faith” in the SPS’s ability to manage transgender prisoners and said the recent changes were to provide “further reassurance”.

‘I’m not here to discuss other people’s views’

Russell Findlay MSP stated that a victim of Bryson’s as well as her wife have called her trans claim a “sham”.

He also highlighted SNP leadership hopeful Kate Forbes’s interview with Sky News in which she stated: “A rapist cannot be a woman and therefore my straight answer would be that Isla Bryson is a man.”

Mr Brown would not get drawn into the argument and told the Scottish Conservative shadow community safety minister: “I’m not here to discuss other people’s views. I’m here as the justice secretary to answer questions about the policy that we have in the prison service.”

Read more:
Transgender woman found guilty at Glasgow court of rape when she was a man
Transgender woman convicted of rape ‘will not be held in all-female prison’
Nicola Sturgeon says double rapist Isla Bryson ‘almost certainly’ claiming to be transgender as ‘easy way out’
Women ‘not at risk of harm’ when transgender rapist Isla Bryson housed in female-only jail

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‘I’ll make this very clear’

During questioning from Mr Findlay, Ms Medhurst admitted that she received a call from the Scottish government in regards to ministerial concerns over Bryson and was asked where the SPS was in respect to the case management of the inmate.

She stated: “It was during that conversation with officials that I was made aware of ministers’ views on that.

“But what I would say, and I’ll make this very clear, that the placement of prisoners, unless it is a policy matter, is an operational matter for the SPS.

“So that decision was taken by operational people, in respect to both the initial placement of the individual and the subsequent decision to move the individual.

“It was in no way a ministerial decision. It was for SPS and for operational people.”

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