Prisons
Our work on prisons includes academic research and analysis, briefings, blogs, and engagement with stakeholders. In 2022 we submitted written evidence to the Scottish Prison Service (SPS) review of its Gender Identity and Gender Reassignment policy and met with SPS officials to discuss our concerns.
As part of our wider body of analysis on legal gender recogntion, we have also raised concerns about the detrimental impact of reform on the female prisoner estate with the Scottish Government and the Scottish Parliament Equalities, Human Rights and Civil Liberties Committee.
Latest updates and analysis
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Putting violent men in women’s prisons: where was Scottish civil society?
Introduction This blog details our first attempt, via an academic article, to alert Scottish civil society to the Scottish Prison Service’s policy of placing some male prisoners in female...
9th July 2026
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MBM statement on FWS v The Scottish Ministers Judicial Review of Scottish Prison Service transgender prisoner policy
We welcome today’s ruling in the Outer House of the Court of Session that the Scottish Prison Service policy on transgender prisoners is unlawful. For over a decade the...
19th June 2026
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Why does the Scottish Prison Service hold men convicted of murder in the female prison estate? A policy timeline
Introduction On 3 and 4 February, the Scottish Government is heading to court to defend the Scottish Prison Service’s policy (2023) on the management of transgender prisoners. In a...
26th January 2026
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How the Scottish Human Rights Commission responded to the placement of men in women’s prisons
Correspondence with the Scottish Human Rights Commission In June 2023 we met with the SHRC to discuss our strong concerns about its submission (2022) to the Scottish Prison Service...
1st August 2025
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Prisons in Scotland: who is responsible?
On 25 April, following the judgment in the UK Supreme Court, we wrote to Angela Constance MSP, Cabinet Secretary for Justice, asking the Scottish Government to withdraw the Scottish...
11th July 2025
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Scottish Prison Service policy: a stain on Scotland’s reputation
Call for urgent Ministerial action We have written to the Cabinet Secretary for Justice. In the absence of immediate action by the Scottish Prison Service (SPS), it now falls...
26th April 2025
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How the Scottish Human Rights Commission forgot about women in prison
Introduction The Scottish Human Rights Commission has an established record of supporting gender self-identification principles in policy and law. Most notably, it supported reform of the Gender Recognition Act...
4th April 2025