- updated framework in place from today (27 February 2023)
- transgender women offenders no longer housed in women’s
prisons if they have male genitalia or have committed sex crimes
- new approach extended to include those who have committed
violent crimes
The Deputy Prime Minister has also announced measures will go one
step further than previously set out – by extending the rules to
cover transgender women who have been convicted of violent
offences.
The new guidance will apply regardless of whether transgender
prisoners have a Gender Recognition Certificate, with exemptions
only to be made in the most exceptional cases – and with the
express approval of Ministers.
The Deputy Prime Minister, Lord Chancellor and Justice Secretary,
, 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.
Under the changes, transgender women who are sentenced to custody
in the future will not be held in the general women’s estate if
they retain male genitalia or have been convicted of a violent or
sexual offence – unless in the most exceptional cases. Exemptions
will be considered for those currently held in the women’s estate
who are assessed as low-risk.
At present more than 90% of transgender women are housed in men’s
prisons and most do not request a move to the women’s estate.
There is currently no obligation to place a transgender prisoner
according to their preference, and where individuals are held is
based purely on risk. However, the government has decided
to take this further step as an additional measure to protect
women.
Transgender women prisoners who cannot be safely housed in a
men’s prison can be imprisoned in a specialist unit.
