Transgender inmates who pose a risk to other prisoners will be banned from women’s prisons in England and Wales starting tomorrow. This will apply to transgender women with male genitals and those guilty of violent or sexual offenses.
This comes after concerns have grown about the risks posed by transgender prisoners.
Scottish First Minister, Nicola Sturgeon, was previously embroiled in a controversy over transgender double rapist, Isla Bryson, who was initially sent to a female-only jail until public outcry caused a U-turn.
According to the Ministry of Justice, 230 transgender prisoners were in England and Wales in the year to March 2021. Of these, 187 had a legal gender of male and 43 of female.
181 were held in male prisons, and 49 were held in female prisons. Currently, transgender women can only be held in women’s prisons if a risk assessment says it is safe to hold them there.
In Scotland, there is a presumption that they will be held according to their self-declared gender identity unless there are concerns about risk.
Justice Secretary, Dominic Raab, announced that this measure will apply to transgender prisoners regardless of whether they have a gender recognition certificate.
Exemptions will only apply in the most exceptional cases that need to be signed off by ministers. The Justice Secretary stated that safety must come first in prisons.
The Ministry of Justice has made it clear that transgender women who retain male genitalia or are convicted of violent or sexual offenses cannot be held in women’s prisons unless there is an explicit decision by ministers.
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