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Legal Matters
Scotland
Court permanently quashes transgender prison guidance

For Women Scotland has secured a court order formally quashing Scottish Government guidance that allowed some biologically male transgender prisoners to be housed in women's prisons. Although ministers withdrew the policy after it was ruled unlawful, the campaign group sought a binding order preventing its future return. Lady Ross agreed, ruling that prisoners must be accommodated separately according to biological sex and that the former guidance exceeded ministers' powers by conflicting with UK equality law. The Scottish Prison Service has already removed male offenders from the female estate. Ministers had argued that formally quashing the withdrawn guidance was unnecessary.

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