Extra prison time for wrong pronoun use

WOMEN prisoners who call transgender inmates by the wrong pronoun face extra time in jail under equality rules, says a justice minister.

Female inmates who call a transgender woman “he” or “him” could be punished under rules barring “threatening, abusive or insulting words or behaviour”.

The penalties will be decided by an independent adjudicator, a visiting judge, who can impose additional days if they feel the abuse merits such a punishment.

The disclosure comes amid a growing debate over the policy of holding male to female transgender prisoners in women’s jails.

This summer the High Court rejected a legal challenge to prevent transgender inmates with convictions for sexual or violent offences against women being imprisoned alongside other women.

In 2019 there were 34 transgender women who were still legally male detained at the 12 women’s prisons in England and Wales.

Asked about the policy on the terms allowed for transgender inmates, Lord Wolfson, the justice minister, said: “Incidents where a prisoner uses incorrect pronouns for another prisoner will be considered on a caseby-case basis, in line with the Prisoner Discipline Procedures policy and the Prison Rules.

“Prisoners may sometimes make an honest mistake in relation to pronouns and disciplinary action would not usually be [appropriate].

“However, if an officer deems it appropriate to place a prisoner on report, the rule against ‘using threatening, abusive or insulting words or behaviour’ – Prison Rule 51(20) – may apply.

“The adjudicator will weigh each incident on its own merits.”

“The policy stipulates that an offence motivated by another person’s protected characteristic(s) under the Equality Act 2010 is an aggravating factor and may merit referral to an Independent Adjudicator.”