Trans prisoners to be moved to jails according to their biological sex after court ruling

The Scottish Prison Service said it withdrew its transgender guidance yesterday (June 22), and Justice Secretary Neil Gray said trans inmates will be moved into prisons according to their biological sex today.

Last week SNP ministers lost a court battle brought forward by For Women Scotland. The Court of Session ruled the prison guidance, allowing trans prisoners to be housed according to their acquired gender, was “unlawful” and in conflict with the requirement for accommodation to be provided separately for men and women.

Mr Gray said: “Following careful consideration of Lady Ross’s judgement, we accept the ruling and have decided not to appeal.

“This case involved important considerations of ministers’ legal obligations as well as the serious practical implications arising from the issues before the court, including the risk of suicide recognised in the judgement.

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“The Scottish Government frequently has to make difficult decisions which balance the different interests and rights of individuals, often in complex situations and this was one such decision.

“The focus now moves to implementing the law, as clarified by the court, maintaining a clear focus on the safety, wellbeing and rights of all those living and working within Scotland’s prisons. The Scottish Prison Service withdrew their transgender policy yesterday and work is underway to implement transfers of prisoners today.”

He added: “The safety, wellbeing and rights of all those living and working within Scotland’s prisons and the welfare of affected individuals will be the primary consideration and operational changes will be taken forward carefully, lawfully and in a managed way.”

The government is expected to face substantial legal costs. As of April it had incurred costs of £187,957 in relation to the prisons case, while For Women Scotland said it will also be liable for its costs of more than £200,000.

First Minister John Swinney said he will not apologise for taking this issue to the courts.

Speaking to journalists in Holyrood, he said: “There are complex issues and the government has got to be able to seek guidance from the courts from time to time on complex legislation.

“I cannot apologise for that.

“We needed to make sure we were acting lawfully and sometimes that needs to be challenged in court to establish the certainty required.”

Meghan Gallacher MSP, the Scottish Conservatives’ equalities spokeswoman, said: “The SNP has been dragged kicking and screaming to finally do the right thing and apply the law.

“Male-bodied prisoners should have been removed from the female estate immediately following the clear ruling from the Supreme Court in April 2025.

“Instead, out-of-touch SNP ministers wasted more taxpayers’ money fighting a court case that was doomed from the start, and their reckless decision continued to put vulnerable women prisoners at risk.”