Latest news with #HMPGreenock
BBC News
6 days ago
- Politics
- BBC News
Criminals not able to wipe record with gender change, MSPs told
Criminals are not able to wipe clean their conviction record by changing gender, Justice Secretary Angela Constance has told MSPs. It follows reports that a murderer's criminal past was not disclosed in court files after they altered their gender identity while in said the "isolated" incident was "not reflective of broader issues" in the justice system. She told parliament Police Scotland had been asked to review its procedures following the error. Constance was quizzed about the case of Alex Stewart, formerly called Alan Baker, who was jailed for murdering father-of-two John Weir in Daily Record reported that the error with his criminal record was identified when a lawyer requested his file. The request was made ahead of a case relating to violence inside HMP Greenock in which the inmate was named as a witness. However, the criminal record under Stewart's new name was previous criminal activity only appeared when a search was done under the old name, Alan Baker, according to the Record. Conservative MSP Meghan Gallacher asked Constance how many transgender prisoners' criminal records had been "erased" following changes to their birth justice secretary said: "A change of name does not under any circumstances alter a person's criminal record."All criminal records are maintained in accordance with established retention and sharing protocols and remain fully accessible to the justice system."Police Scotland has acknowledged an error in one case reported in the media and acknowledges this should not have occurred."Constance said she had been assured that this was "an isolated incident and not reflective of broader issues in their recording practices". 'Inaccurate and misleading' Gallacher replied: "This should not have happened in the first place."We are talking about convicted criminals, some of them violent or sexual offenders."She added: "We cannot have further instances of this happening in the future."We need to ensure that victims, women's' groups and the wider public have faith in the justice system."Asked to assure parliament that it was an isolated incident, Constance said: "This was an error in one case."It was a failure to disclose and not a reflection on data recording systems."In response to a question from Tory MSP Sharon Dowey, the justice secretary said it would be "utterly inaccurate and misleading ... if not disgraceful, to suggest that Police Scotland wipe criminal records". Asked about the case on Monday, First Minister John Swinney said that a criminal record "must continue to be associated" with any individual regardless of changes they make to their name or told journalists that it was important to have a clear understanding of what had happened in this added there was "a need for there to be public confidence about this question".A Crown Office and Procurator Fiscal Service spokesperson said: "Information about previous convictions is provided to COPFS by the police following a check of the relevant databases."Although the initial witness check showed no previous convictions, on further inquiry by the procurator fiscal this was corrected prior to trial."COPFS have asked Police Scotland to review and confirm the processes for recording and sharing information on previous convictions".A Police Scotland spokesperson said that the issue relating to Stewart's file had been "rectified" and that work was "ongoing to prevent similar scenarios taking place in the future".
The Independent
6 days ago
- Politics
- The Independent
‘Disgraceful' to suggest police wipe records of trans criminals
Scotland's Justice Secretary has said it is 'disgraceful' to suggest the criminal records of trans people are being wiped by Police Scotland. Angela Constance admitted the force had made an 'error' after a newspaper report claimed a transgender killer had their record 'scrubbed'. The minister said she had asked Police Scotland to review its procedures in light of the incident. Ms Constance said she had been assured by the force it was an isolated incident and not part of a wider issue within the justice system. According to the Daily Record, a solicitor had requested a previous convictions disclosure from the Crown Office on prosecution witnesses in a case involving a conflict at HMP Greenock. The newspaper reports killer Alex Stewart – who changed their name from Alan Baker – was separated from their criminal past, with the disclosure returning without any convictions under Stewart's new name. At Holyrood on Tuesday, Conservative MSP Meghan Gallacher asked Ms Constance how many transgender prisoners have had their criminal records erased following changes to their birth name. The Justice Secretary said: 'Let me be clear, a change of name does not under any circumstances alter a person's criminal record. 'All criminal records are maintained in accordance with established retention and sharing protocols and remain fully accessible to the justice system, including for disclosure in court proceedings where appropriate. 'Police Scotland has acknowledged an error in one case reported in the media and acknowledges that should not have occurred. 'I have sought and received assurances from Police Scotland that this was an isolated incident and not reflective of broader issues in their recording practices. 'I have also asked Police Scotland to ensure that steps will be taken to review systems and procedures in light of the reported.' She said it was an error 'in one case' around disclosure, not data recording systems. She said Stewart's crimes were still recorded in the killer's criminal history. Ms Constance insisted there could be 'no separation' between an individual and their criminal past, no matter how many name changes or changes to gender identity are made. Ms Gallacher said the error should never have happened and raised concerns the records of killers and sex offenders could be erased. Alba MSP Ash Regan claimed she had evidence that Stewart's case was not a 'mere administrative error' but was part of 'systemic data corruption' driven by 'years of unlawful self-ID policy'. Ms Regan did not say what evidence she held. Tory MSP Sharon Dowey described the situation as a 'shambles'. She added: 'We know that dangerous male offenders have gamed the SNP system to serve their sentences in women's prisons, and now they are even getting their criminal records wiped.' The Justice Secretary rejected Ms Dowey's claims, saying: 'It is utterly inaccurate and misleading and somewhat disingenuous, if not disgraceful, to suggest that Police Scotland wipe criminal records. 'Under no circumstances do Police Scotland wipe criminal records, and under no circumstances can anyone, irrespective of their name, status, whether they are male, female, transgender, can they escape from a criminal past – they cannot.' A spokesperson for Police Scotland said: 'We are aware of an issue relating to the previous convictions of a victim, which were omitted from a report submitted ahead of a case heard at Greenock Sheriff Court. 'The issue has been rectified and work is ongoing to prevent similar scenarios taking place in the future. Officers are continuing to liaise with the Crown Office and Procurator Fiscal Service.'
The Irish Sun
6 days ago
- The Irish Sun
Transgender murderer's criminal record ‘wiped clean' after he changed his name & started identifying as a woman
A TRANSGENDER killer's criminal record was "wiped clean" after the thug started identifying as a woman. Alexandria Stewart was named Alan Baker when he was convicted of murdering of a man a decade ago - and is now serving time in a women's prison. 2 The mishap came to light following an incident at HMP Greenock Credit: John Kirkby After transitioning and changing his name behind bars while serving a life sentence, disclosure checks show the 37-year-old no longer had a criminal record. Police Scotland and the Crown Office are facing calls for an urgent review amid the major gaffe. Campaigners have labelled the mishap a "dereliction of duty" by the authorities involved and demand to know how many others have been able to hide their convictions by changing gender. It came to light after a solicitor requested a straightforward previous convictions disclosure from the Crown Office and Procurator Fiscal's Service in relation to witnesses - all serving prisoners - involved in a case of alleged conflict inside HMP Greenock. READ MORE NEWS All such information on the lags was provided - apart from Stewart who's been able to distance himself from his past due to the name change. Stewart was jailed for 19 years for knifing dad-of-two John Weir. In 2016, it was revealed the prisoner was living as a woman and wearing a padded bra, make up and female wig. It comes after the Supreme Court's landmark ruling defining all people's sex by their biology. Most read in The Sun Susan Smith, of For Women Scotland, said it is a "terrifying example of the sort of consequences which follow when people are allowed to lie about their sex". Referring to the ruling, she added: "This was only picked up because of the obvious absurdity that an incarnated murderer had a clean rap sheet. Moment gutted lag is arrested at prison gates as he LEAVES jail after drug-dealing from his cell "But how many other former prisoners have been able to hide their criminal past in this way? "We know that rapists and child sex offenders, who may have been released, have taken advantage of self-identification policies in prison. "Women and parents will be horrified to learn that these men may, even now, be out in the community and taking advantage of their whitewashed record." MSP Sharon Dowey, Scottish Conservative spokesperson for victims and community safety, has questioned whether Stewart's case is an "unacceptable blunder" or a more widespread issue. She said: "We already have dangerous male offenders cynically gaming the system to serve their sentences in women's prisons, and that number is only likely to rise if they spot an opportunity of having their records wiped via this ruse. "Scotland's justice system, like all our public bodies, has been in thrall to the SNP's reckless gender policy, which the Supreme Court has ruled unlawful. "We urgently need a directive from "The Alan Baker case represents a dereliction of duty by Police Scotland and the Crown Office. "What has unfolded is not only deeply insulting to the victim's family, it lays bare again the stark reality of both the SNP's soft-touch justice agenda, which panders to criminals, and their unlawful gender self-ID policy." A COPFS spokesman said: 'Although the initial witness check showed no previous convictions, on further inquiry by the Procurator Fiscal this was corrected prior to trial.' The spokesman said talks would take place between both organisations. A Police Scotland spokeswoman said: 'Work is ongoing to prevent something similar taking place.' 2 Alan Baker murdered a dad-of-two before transitioning to Alexandria Stewart
The Sun
6 days ago
- The Sun
Transgender murderer's criminal record ‘wiped clean' after he changed his name & started identifying as a woman
A TRANSGENDER killer's criminal record was "wiped clean" after the thug started identifying as a woman. Alexandria Stewart was named Alan Baker when he was convicted of murdering of a man a decade ago - and is now serving time in a women's prison. 2 After transitioning and changing his name behind bars while serving a life sentence, disclosure checks show the 37-year-old no longer had a criminal record. Police Scotland and the Crown Office are facing calls for an urgent review amid the major gaffe. Campaigners have labelled the mishap a "dereliction of duty" by the authorities involved and demand to know how many others have been able to hide their convictions by changing gender. It came to light after a solicitor requested a straightforward previous convictions disclosure from the Crown Office and Procurator Fiscal's Service in relation to witnesses - all serving prisoners - involved in a case of alleged conflict inside HMP Greenock. All such information on the lags was provided - apart from Stewart who's been able to distance himself from his past due to the name change. Stewart was jailed for 19 years for knifing dad-of-two John Weir. In 2016, it was revealed the prisoner was living as a woman and wearing a padded bra, make up and female wig. It comes after the Supreme Court 's landmark ruling defining all people's sex by their biology. Susan Smith, of For Women Scotland, said it is a "terrifying example of the sort of consequences which follow when people are allowed to lie about their sex". Referring to the ruling, she added: "This was only picked up because of the obvious absurdity that an incarnated murderer had a clean rap sheet. Moment gutted lag is arrested at prison gates as he LEAVES jail after drug-dealing from his cell "But how many other former prisoners have been able to hide their criminal past in this way? "We know that rapists and child sex offenders, who may have been released, have taken advantage of self-identification policies in prison. "Women and parents will be horrified to learn that these men may, even now, be out in the community and taking advantage of their whitewashed record." MSP Sharon Dowey, Scottish Conservative spokesperson for victims and community safety, has questioned whether Stewart's case is an "unacceptable blunder" or a more widespread issue. She said: "We already have dangerous male offenders cynically gaming the system to serve their sentences in women's prisons, and that number is only likely to rise if they spot an opportunity of having their records wiped via this ruse. "Scotland's justice system, like all our public bodies, has been in thrall to the SNP's reckless gender policy, which the Supreme Court has ruled unlawful. "We urgently need a directive from John Swinney to public bodies telling them to uphold the Supreme Court ruling. "The Alan Baker case represents a dereliction of duty by Police Scotland and the Crown Office. "What has unfolded is not only deeply insulting to the victim's family, it lays bare again the stark reality of both the SNP's soft-touch justice agenda, which panders to criminals, and their unlawful gender self-ID policy." A COPFS spokesman said: 'Although the initial witness check showed no previous convictions, on further inquiry by the Procurator Fiscal this was corrected prior to trial.' The spokesman said talks would take place between both organisations. A Police Scotland spokeswoman said: 'Work is ongoing to prevent something similar taking place.' 2
Telegraph
16-06-2025
- Politics
- Telegraph
Killer's criminal record ‘wiped clean' after self-identifying as woman
A killer's criminal record was 'wiped clean' after they self-identified as a woman, it has emerged. The SNP's 'reckless' gender policy has been blamed for an administrative mistake that led to a murderer's criminal record being 'cleaned'. The Crown Office and Police Scotland are now under pressure to investigate the 'serious lapse' amid concern the case may not be isolated. The bungle was discovered after a solicitor requested a previous convictions disclosure on prosecution witnesses in a case involving alleged conflict inside HMP Greenock. The witnesses included the trans woman Alex Stewart, who went by the name Alan Baker before being convicted of murder in 2013. Prior convictions for all witnesses were provided, except for Stewart, who appeared to have a clean sheet. Sharon Dowey MSP, Scottish Conservative shadow minister for victims and community safety, warned: 'This appalling shambles, which will rightly enrage the public, demands full accountability and transparency from the Crown Office and Police Scotland. 'This won't be an isolated case' 'We already have dangerous male offenders cynically gaming the system to serve their sentences in women's prisons, and that number is only likely to rise if they spot an opportunity of having their records wiped via this ruse. 'Scotland's justice system, like all our public bodies, has been in thrall to the SNP's reckless gender policy, which the Supreme Court has ruled unlawful. 'We urgently need a directive from John Swinney to public bodies telling them to uphold the Supreme Court ruling.' Pauline McNeill, Scottish Labour justice spokeswoman, added: 'There should be no way to erase a criminal record and we need to ensure there are policies in place to ensure that is the case.' Dr Kate Coleman, of the campaign group Keep Prisons Single Sex, said their research had shown that individuals who switched gender 'are awarded uniquely enhanced individual privacy rights which enable exactly this sort of thing'. She added: 'This won't be an isolated case – this is standard practice north and south of the border. 'It has widespread ramifications, including for safeguarding and the operation of Disclosure Scotland checks. For years we have been calling for urgent changes – not just for the recording of data, but the handling and disclosure of data.' The Daily Record said the scandal came to light during the case of the hairdresser Jayney Sutherley, who killed a man with a pair of scissors. Sutherley, 51, was acquitted at Greenock Sheriff Court last month of carrying out a four-year campaign of transphobic and homophobic abuse against Stewart, 33, and lover Nyomi Fee, 37, a child killer. Both are serving time for murder in HMP Greenock, where Stewart was sent from a male prison after deciding to self-identify as a woman. When disclosure requests were made by Sutherley's defence solicitor, Paul Lynch, for both killers, they returned an accurate record for Fee but a blank sheet for Stewart. A correction was only made after the Crown was told that Stewart was appearing in the witness box as a prisoner and serving a life sentence for murder. A new search under the killer's former name revealed their criminal history, including a conviction for the murder of John Weir, 36. 'Wicked and brutal' attack In Jan 2013, Alan Baker, 25, invited Mr Weir into his home in Bonhill, West Dunbartonshire, before stabbing him at least 16 times. He claimed to have acted in self-defence but was convicted of murder and attempting to cover up his crime. In Aug 2013, at the High Court in Glasgow, Baker was told he must serve at least 19 years in jail before being eligible for parole. Judge Lord Boyd told Baker he was guilty of a 'wicked and brutal' attack. A spokesman for the Crown Office and Procurator Fiscal Service (COPFS) said: 'Although the initial witness check showed no previous convictions, on further inquiry by the Procurator Fiscal this was corrected prior to trial. 'Information about previous convictions is provided to COPFS by the police following a check of the relevant databases. 'COPFS have asked Police Scotland to review and confirm the processes for recording and sharing information on previous convictions.'
