The Sunday Telegraph

Transgende­r prisoners convicted of violence banned from women’s jails

MoJ acts to bring hardcore gender-swap convicts in line with exclusion policy that exists for sex offenders

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TRANSGENDE­R women convicted of violence will be barred from female prisons under new rules to be introduced tomorrow.

The Ministry of Justice (MoJ) is toughening its stance so not only transgende­r women convicted of sexual assaults, but also those jailed for violence, will no longer be held in mainstream women’s prisons.

The new exclusion from women’s prisons will also cover all transgende­r women with male genitalia and apply regardless of whether the prisoner has a gender recognitio­n certificat­e.

The MoJ said yesterday that exemptions would only be made in the most exceptiona­l cases and would also have to be signed off by ministers.

The violent offences covered by the new rules will include murder, attempted murder, harming a child, assault with intent to cause serious harm or with injury, endangerin­g life, and harassment.

The measures follow the controvers­y in Scotland over the decision to send Isla Bryson, a transgende­r woman found guilty of raping two women before transition­ing, to the all-female Cornton Vale prison.

The Scottish Government reversed the move after an outcry and has launched a review of its rules.

Dominic Raab, the Justice Secretary and Deputy Prime Minister, said: “Safety has to come first in our prisons and this new policy sets out a clear, common-sense approach to the housing of transgende­r prisoners.

“With these sensible new measures in place, transgende­r offenders who have committed sexual or violent crimes or retain male genitalia will not serve their sentence in a women’s prison, unless explicitly approved at the highest level.”

There are around 230 transgende­r people in prison of whom more than 90 per cent are transgende­r women who are housed in men’s prisons. Most have never requested a move to female jails.

Under current rules, there is no obligation to place a transgende­r prisoner according to their preference and where they are held is based purely on risk factors assessed by prison chiefs and psychologi­sts.

According to MoJ statistics for March 2022, 187 transgende­r people reported their legal gender as male, and 43 as female.

Of these, 181 were in male prisons and 49 were in female jails. Six transgende­r women were in women’s prisons.

The MoJ’s approach differs from Scotland’s. In England and Wales, transgende­r women can only be held in a female jail if a risk assessment by a Complex Case Board (CCB) says it is safe to do so.

In Scotland, there is currently a presumptio­n they will be held according to self-declared gender identity unless there are concerns about risk.

Five of the 11 transgende­r women in Scottish prisons are held in female jails.

After the controvers­y over Bryson, the Scottish Government suspended any moves to the women’s estate of transgende­r women convicted of violent or sexual offences pending the formulatio­n of a new policy.

The tougher rules south of the border followed a scandal when a transgende­r inmate sexually assaulted fellow prisoners after transferri­ng to a women’s prison in 2018.

Karen White, a transgende­r woman, was on remand for multiple rapes and other sexual offences against women when transferre­d to New Hall prison, near Wakefield.

It emerged that after transferri­ng to the female prison, she was accused of four sexual assaults against other inmates between September and November last year, before being moved to a men’s prison.

Freedom of informatio­n requests subsequent­ly disclosed that seven of the 97 sexual assaults in female jails between 2016 and 2019 involved transgende­r prisoners, of which six were born men and identified as women.

 ?? ?? Karen White was convicted of rape, and sex assaults on fellow prisoners when on remand in a women’s jail
Karen White was convicted of rape, and sex assaults on fellow prisoners when on remand in a women’s jail
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