FWS v Scottish Ministers III – written submissions

Ahead of the judicial review of the Scottish Prison Service Policy for the Management of Transgender People in Custody being heard on 3rd – 5th February 2026 in the Court of Session, we are now able to publish our written submissions.

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One of the productions we submitted to the court is the analysis by MurrayBlackburnMackenzie: Why does the Scottish Prison Service hold men convicted of murder in the female prison estate? A policy timeline, which is essential background reading for the evolution of the prison policy and the men who have been housed in female prisons.

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The Scottish Ministers have published the following submissions:

• Answers to our petition
• Note of Argument

The written submissions from the two interveners are also available:

• Equality and Human Rights Commission
• Scottish Human Rights Commission