Herschell was initially remanded on the two rape charges in October 2016 as a man named Aaron and reported as the first prisoner in Scotland to seek gender reassignment while awaiting trial for sex offences, having never declared trans status previously. Herschell was reportedly held in a segregation unit at HMYOI Polmont while on remand rather than in the section reserved for female prisoners.

In common with staff at HMP Glenochil housing Andrew Burns, female prison staff raised concerns with management and their union regarding being “ordered to carry out rubdown searches on the prisoner when necessary”, fearing they may lose their job if they refuse. HMYOI Polmont does not have full body scanners, so intimate searches (by a guard of the same sex) are a necessary part of the routine. A source told the Daily Record “No one would wish to have to carry out any kind of intimate search on a prisoner whose alleged criminal sexual behaviour will be at the centre of a High Court trial.”