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Woman spent night in male prison after being mistaken for man

Police reviewing procedures after woman reportedly housed in maximum-security HMP Perth overnight

Angus Thompson
Monday 28 October 2024 13:02 GMT
(Getty)

A woman reportedly spent the night in a male prison in Scotland after authorities mistook her for a man, in a justice system bungle that has sparked a police review.

Police Scotland said it was investigating how the womanā€™s gender was misidentified, leading her to be remanded in the menā€™s facility instead of the countryā€™s only womenā€™s prison after she appeared in Kirkcaldy Sheriff Court on October 21.

A force spokesperson said the woman was remanded into the custody of the Scottish Prison Service last Monday with ā€œincomplete information about their gender.ā€

ā€œWe are reviewing our custody procedure to ensure this does not happen again,ā€ the spokesperson said.

The error was first reported by The Telegraph, who quoted a justice system source describing the episode as a ā€œshockerā€.

The woman was reportedly held at the male prison HMP Perth
The woman was reportedly held at the male prison HMP Perth (Scottish Prison Service (SPS))

The source told the newspaper: ā€œAn assumption was made, based on someoneā€™s appearance and not much else. Gender in the prison system has become such a hot topic that management will be mortified by this.

ā€œIt was only when the more thorough search was carried out by prison staff that it came to light that the prisoner was missing some vital parts you might expect a man to have.ā€

The Telegraph reported the woman was forced to stay overnight in the menā€™s prison, said to be the maximum-security HMP Perth. Authorities declined to confirm this.

Scotlandā€™s justice system was recently mired in controversy over the topic of gender, when rapist Isla Bryson, who transitioned to female after assaulting two women, was initially housed in a womenā€™s prison before being sentenced in 2023.

The episode prompted the Scottish Prison Service to update its admissions policy last December, clarifying people would be admitted on the basis of their sex at birth.

A Scottish Prison Service spokesperson declined to comment on the womanā€™s individual circumstances, but said the authority had procedures to keep people safe when admitted into custody, ā€œincluding keeping them separate from the mainstream population where appropriate.ā€

ā€œThe rights, safety, and wellbeing of all individuals, including those newly admitted to our care, is a key priority,ā€ the spokesperson said.

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