Across the UK, changes are being made to the framework policies for the allocation of transgender prisoners – with thorough risk assessments
The Justice Secretary has announced plans to reform the policy on the allocation of transgender prisoners, where under new reforms, transgender women with male genitalia, or those who have been convicted of a sexual offence, should no longer be held in the general women’s estate.
This policy framework will build on exemptions to be considered by Ministers on a case-by-case basis. However, officials note that only the most truly exceptional cases will be considered.
‘The safety of all prisoners is paramount’
The new policy framework, brought around in October of 2022, sets out the new guidance in detail and how it will be implemented by the Prison Service.
The safety of all prisoners is paramount. These changes will ensure a sensitive and common-sense approach to meeting the needs of women in custody, while prisons continue to ensure that transgender prisoners are appropriately supported in whichever estate they are located in.
Where are transgender prisoners currently placed?
According to the Government, a thorough risk assessment is conducted for every case of transgender prisoner placement.
Over 90% of transgender women in prison are housed in men’s prisons, and most do not request a move to a women’s prison
Most transgender women do not request a move to a women’s prison
While there is no obligation to move transgender prisoners according to their wishes, transgender women without a Gender Recognition Certificate – who are not legally female – are initially sent to male prisons.
What will happen with these new changes?
The new policy entails that for transgender prisoners who identify as women and have either: male genitalia, or who have been convicted of sexual offences, will not serve their sentences in the general women’s estate unless there are exceptional circumstances.
Will transgender women who are currently in the women’s estate be moved into male prisons?
A thorough assessment of all transgender women in the justice system will be considered if the individual wants to move to the women’s estate.
This risk assessment will note both the risks to them and any risks they pose to others – before any move is considered.
Transgender women who cannot be held safely in either the male or female estate will be held in a specialist unit.
