BerkInBag - (2) The case board system in Scotland is primarily there to protect the rights of the self-declared trans person in line with the rights they are accorded under the 2004 GRA
Self-declared trans people do not have rights under the GRA 2004. They are protected from discrimination under the Equality Act. GRA only applies to those with a GRC.
Prisoners with a GRC are not subject to a gender reassignment case conference. Nobody will be checking if a TIM with a GRC is 'living permanently as a woman' - their birth cert says female so they go to the women's estate.
At the moment, to get a GRC you have to have been living as your preferred sex for 2 years in any case. That's one of the criteria that's being taken away. Sign a form >> get GRC >> get new birth cert >> legally female >> women's estate with no case conference and no questions asked.
Thus even if the case boards were done away with, high risk MTF prisoners would “ be dealt with as for any other person in custody posing a risk”. To do otherwise could be considered to infringe the human rights of other prisoners.
For those with a GRC this only applies in exceptional circumstances, where a woman with a similar risk profile would also be moved to the male estate. There's case law that says attempted rape is not enough to keep a TIM with a GRC out of female prison on the grounds of custody risk.
Basically, the new style GRC would be an easy way into the female estate for those who can't even satisfy the incredibly lenient Scottish case board.