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<\/p>\nLady Ross will consider the arguments made by campaign group For Women Scotland (FWS) and the Scottish Government.<\/p>\n
The case is being heard in the Court of Session(Image: PA)<\/p>\n
The judge who is considering a legal challenge to the Scottish Government<\/a>\u2019s policy on managing transgender prisoners has risen from the bench, saying she will need time to examine the complex legal arguments.<\/p>\n Lady Ross said she would not be able to deliver any decision \u201cvery rapidly\u201d as three days of hearings came to an end at the Court of Session in Edinburgh<\/a>.<\/p>\n The campaign group For Women Scotland (FWS) is challenging the current Scottish Prison Service<\/a> (SPS) policy of holding some trans women in the women\u2019s prison estate.<\/p>\n The civil court has been considering their petition for a judicial review of the policy.<\/p>\n FWS won a Supreme Court<\/a> case in April last year, with judges at the UK\u2019s highest court making clear the term \u201cwoman\u201d in the Equality Act refers to a biological woman.<\/p>\n The latest case comes in the wake of the outcry over trans rapist Isla Bryson \u2013 formerly known as Adam Graham \u2013 who was initially sent to Cornton Vale women\u2019s prison in Stirling after being found guilty of sex attacks<\/a> on two women in 2023, before being moved to a male prison.<\/p>\n On Thursday afternoon, Lady Ross thanked those who had made submissions for the various parties involved in the case.<\/p>\n She told the court<\/a>: \u201cI hope it will be appreciated that withstanding the arguments that have been advanced and the complexity of some of the underlying issues, that it will take a little while.\u201d<\/p>\n She said she would deal with the issue \u201cas quickly as I reasonably and responsibly can\u201d.<\/p>\n Lady Ross added: \u201cI would not want there to be any expectation that this will be out very rapidly.\u201d<\/p>\n Earlier, the court heard further arguments from Aidan O\u2019Neill KC, who is representing FWS.<\/p>\n He referred to an affidavit from former prison governor Rhona Hotchkiss, saying a special unit for trans<\/a> prisoners could be set up \u201cquite easily\u201d.<\/p>\n The KC sought to refute claims from the Scottish Government<\/a> that the risk of potential suicides among prisoners meant the authorities had to take a case-by-case approach for transgender inmates.<\/p>\n Mr O\u2019Neill said: \u201cWhy does the threat of suicide give you a power to direct the prison<\/a> authorities as to how you should be treated?\u201d<\/p>\n On Thursday morning, the Court<\/a> of Session heard from Gerry Moynihan KC, who is representing the Scottish Government.<\/p>\n He said it is right for ministers to take a \u201ccase-by-case\u201d approach on transgender<\/a> prisoners.<\/p>\n Mr Moynihan said the issue is not a \u201ctrivial matter\u201d, citing case law and article eight of the European Convention on Human Rights in relation to the rights of trans<\/a> people to live in their acquired gender.<\/p>\n Some 75 per cent of transgender<\/a> prisoners are housed in jails according to their biological sex, he argued.<\/p>\n