Almost all transgender prisoners are already allocated in line with their biological sex. Over 95% of transgender women are held in men's prisons, and the majority of those in the women's estate are held on E Wing at HMP/YOI Downview, a separate unit where they cannot access the wider regime unless risk assessed as being safe to do so and they are supervised by staff.
No transgender women who retain their birth genitalia and/or have any history of sexual or violent offences can be held in the general women’s estate unless an exemption is granted by a Minister.
The small number of transgender women who are held in the general women's estate are there because they have been risk-assessed as being safe to do so, and because there is a compelling reason to hold them there (which can include risks to them from a placement elsewhere).
We are reviewing transgender prisoner policy following the For Women Scotland vs. The Scottish Ministers Supreme Court ruling and will be able to say more about this in due course.
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