Scottish Court Bars Housing Male Offenders in Women's Prisons

Edinburgh judges ruled today that Scottish prison guidance permitting male offenders who identify as women to be housed in female facilities is unlawful. The court found the policy conflicts with the requirement that prison accommodation be provided separately for men and women.

Lady Ross stated that rights to personal autonomy and private life do not extend to housing in a prison for the opposite biological sex.

The ruling said extreme cases such as suicide risk could allow exceptions, but such cases cannot dictate general policy. The guidance was deemed a misstatement of the law. Current rules had allowed placement according to gender identity unless the conviction involved violence against women or girls.

A Scottish Prison Service spokesman said the service is grateful for the judgment and will consider it with the Scottish Government. Susan Smith, founder of For Women Scotland, said the group is delighted with the comprehensive victory and hopes the government will listen to women's concerns rather than lobby groups.

Joanna Cherry KC said the ruling is a great victory for For Women Scotland and questioned further spending on the policy.