Another victory! For Women Scotland v Scottish Ministers in prisons case

'In Q1 25/26, 96% of the people in our care were recorded as men and another 4% were recorded as women. Trans men, trans women and non-binary/gender-fluid combined accounted for less than 1% of the total population. In total, there were 19 transgender people in custody at the end of Q1 25/26'

SPS figures.

I do think these numbers should be instructive.

Average daily prison population (men): 8000
Average daily prison population (women): 300

That is to say,

There are 2,567% more men than women in prison.
Or in plainer ratio terms: about 27 men for every 1 woman.

Sorry, that was a long winded way of saying that, as far as anyone knows, there are no women placed in men's prisons in Scotland.

Well, here are the prison numbers for Scotland:

https://www.gov.scot/publications/scottish-prison-population-statistics-2024-25/pages/people-in-prison/

average daily prison population (ADP) in 2024-25 was 8,216
average daily prison population of women in Scotland in 2025: 345

'women still comprised just 4% of the prison population in 2024-25'

So, for a start there are far, far fewer women in prison.

Of these 300 odd women, there are generally a handful of trans identifying females.

There was a record at one point showing a female in the male estate, but as it was just one, it was hard to know if it was just a misprint.

The SPS no longer publishes data on gender identity of prisoners. So we no longer can check these things.

https://www.holyrood.com/news/view,new-restrictions-on-transgender-prisoner-data-will-protect-inmates-jails-chief-says

'Information on transgender prisoners will not be published because releasing data on a small number of offenders could put them at risk, MSPs have been told.
The head of the Scottish Prison Service (SPS) said information on the jails used for transgender women and transgender men would not be released unless more than five such inmates are in custody at any one time.'

.

.

https://x.com/i/status/2068298807054328264

They have caused so much damage. It’s all crumbling down around them now though. Good.

The adopted misogyny is painful. And I always wryly note that these women, without threats of sexual violence, peeing everywhere, waving swords, assaulting anyone, have quietly got on with causing a hell of a lot more successful damage than many others.

“James” and “Stephen” can get tae fuck. So much nasty, misogynistic damage the both of them have done, just so they can run away from the burden of being female.

Oh, and a google search suggests 'James' is a trans-identified female. Yet another woman who hates her sex so much she'd throw every single other woman and her rights under the ideological bus.

“We strategized that by working intensively with the Scottish Prison Service to support them to include trans women as women on a self-declaration basis within very challenging circumstances, we would be able to ensure that all other public services should be able to do likewise.”

James Morton, Former Scottish Trans Director in ‘Trans Britain’ (2018) ed. C. Burns

There is little that can surprise me these days about the trans rights movement but this is off the scale. They deliberately got an authority on their side then targeted not only vulnerable women with little or no agency, but those whom they suspected (not incorrectly) that society would care less about what happened to them. By the time the movement affected women society did care about or who did have the ability to speak up, the ideology was already entrenched. Actually, less 'entrenched' and more 'full planning permission granted, concreted into the ground, and surrounded by land mines'.

What utter cunts these activists are.

I never knew that, is there not even an open prison? Do you know how many men's prisons there are in comparison?

Update - bloody hell there are FIVE 😮 That is a hell of a lot of male criminality considering most sexual violence against women and children is practically ignored by courts.

Thank you, once again, FWS. You rock ❤

I looked over on Reddit only half an hour ago, and they were already up to "Government sponsored rape culture" and "willing and knowing genocide". Rowling alone knows where they've gotten to by now..

The Gish Galloping is in doubleplusungood overtime right now.

"What about..." has never done so much heavy lifting in such a short space of time.

Legal Queen Naomi Cunningham with a further insightful comment on case-by-case (and the concept of "bright line rules") on LI:

I haven't had time yet to read For Women Scotland v Scottish Ministers (no.3) properly yet, but one point that has already jumped out at me is the extensive and robust treatment of "bright line rules". The exclusion of men from women's prisons is a bright line rule to which no exceptions are permissible, and the court is clear that that does not render it unlawful.

A constant insistence on "case by case assessment" has bedevilled the law in this area for years. Public lawyers in particular appear to have contracted a bad case of bright line phobia. I've suspected for a while that this is attributable to concept creep from the rule against fettering of discretion.

I'll explain. If legislation gives you a discretion to exercise, you're not allowed to decide to exercise it always the same way, or substitute hard-and-fast rules for the exercise of that discretion; that's "fettering" your discretion, rather than exercising it as you were told to.

My suspicion is that that perfectly sensible and well-established rule has left lots of public lawyers with a kind of unthinking nervousness about hard-and-fast rules, and that has morphed over the years into an unfounded belief that bright line rules need some very special kind of justification to be lawful.

When you think about it, that's nonsense. The world bristles with bright line rules. You can't buy alcohol in a pub or vote until you're 18. Seatbelts must be worn. No entry to the building site without a hard hat. No-one under 5' may use the fairground ride. No peanuts in the kitchen. No climbing on the roof of the school. (I've always thought this last rather a shame - why aren't primary schools designed, low-rise, with rope ladders up to the roof and slides and zip-wires back down? But I digress.)

Sometimes legislation confers a discretion, and when it does, it has to be exercised without recourse to hard and fast rules. But often legislation, or someone else with power to make rules in a particular situation, lays down bright line rules instead, and that's perfectly fine.

"Women only" is the kind of rule that normally makes no sense at all unless it's treated as a bright line rule. That's because if you tell women this space is for women only, they need to be able to be confident that they won't meet men there. As I've said before, it's like peanut-free meals: you have to leave the peanuts out, or it's not peanut-free.

https://www.linkedin.com/posts/naomi-cunningham-3332a716_i-havent-had-time-yet-to-read-for-women-activity-7474001102972059648-e5Bx

I can imagine, I’ve seen similar on social media while lurking in TRA spaces.

I'm sure there was one TiF in a men's prison in Scotland who refused to move out. But time has passed now, so maybe she's on the outside.

@Wishesandhorses - are your comments about ScotGov & incompetence tongue in cheek? Because I will readily believe that level of arrogance/incompetence from them.
I read the other day about the achingly progressive new Scottish primary school in court for failing to provide proper sanitary facilities for girls and which had, along the way, created menstrual huts for them. Their defence was that they were following the guidance (to which the judge said 'guidance is not law'). So - the can follow guidance when it suits them but not when it doesn't (EHRC guidance following FWS/Scottish Ministers). Other examples are available: Peter Murrell - I rest my case.

And how curious that the poor TW can't be housed in a separate unit away from a main prison estate because their families wouldn't be able to visit, when all female Welsh prisoners have to be housed in England due to lack of a women's prison in Wales.

But, y'know - they're only women.

It's not even that they can retreat into Opposite World; it's that they must. Because only in Opposite World does, "I have a vulva, a vagina, and breasts, and I am a man" make sense, so if they want to believe that they are in any way the opposite sex, they have no choice but to let go of the real world.

I've explained before that I didn't last long in the trans community. There were several reasons for that, and this systematic gaslighting was one of them. On one of my very first group support sessions, I tried to mourn the fact that I would never be a biological father like I am a biological mother. I was told in no uncertain terms that I was a man like any other, and that topic was shut down, while I baffled internally at the sheer lunacy of what I'd been told I was supposed to believe.

They are in a cult which has completely warped their thinking. So yes, to them, all this nonsense makes perfect sense. Sadly :(

It would, it would keep psychologists busy for years.

I think many of these people can retreat into their opposite world “reality” so much, especially in complete validation chambers like Reddit, that it really does seem to them that way. It would make an absolutely fascinating psychological study.

Oh and they think there should be Nuremberg style trials when the revolution comes for everyone who supported this.

They keep trotting that one out as if it is so clever, they are really not blessed in the thinking department.

I had it on my bingo card along with “not in Pride Month!” and “it only involves a tiny number” and “this isn’t about women’s rights it’s about persecuting trans people” and “mean old JKR in her mouldy castle funding court cases”

I’m pretty sure most if not all are. On the thread in r/politics there’s a guy who says he’s a prison officer and he didn’t know of any in his men’s prison (8 sex offender TIMs though, several who “transitioned” inside) I’ll have another go at finding the posts.