Trans prisoners who pose risk to inmates banned from women's prisons

Transgender prisoners who ‘pose risk’ to fellow inmates and trans women with male genitals are banned from women’s prisons in England and Wales

  • It follows growing concern about the risks posed by transgender prisoners
  • There were 230 trans prisoners in England and Wales in the year to last March

Transgender inmates who pose a risk to other prisoners are to be banned from women’s prisons in England and Wales from tomorrow.

The move will apply to transgender women guilty of violent or sexual offences and transgender women with male genitals.

It follows growing concern about the risks posed by transgender prisoners, and comes after Scottish First Minister Nicola Sturgeon was embroiled in a row over transgender double rapist Isla Bryson, who was sent to a female-only jail until a public outcry forced a U-turn.

Justice Secretary Dominic Raab said the measure would apply regardless of whether prisoners had a gender recognition certificate, with exemptions only in the most exceptional cases needing to be signed off by ministers.

Scottish First Minister Nicola Sturgeon was embroiled in a row over transgender double rapist Isla Bryson (pictured), who was sent to a female-only jail until a public outcry forced a U-turn

Justice Secretary Dominic Raab said the measure would apply regardless of whether prisoners had a gender recognition certificate

He added: ‘Safety has to come first in our prisons.’

Ministry of Justice figures show there were 230 transgender prisoners in England and Wales in the year to last March, of whom 187 had a legal gender of male and 43 of female.

Of the total, 181 were in male prisons and 49 were in female ones. There were six transgender women in women’s jails.

A Ministry of Justice source said: ‘Our current approach is that transgender women can only be held in the women’s estate if a risk assessment says it is safe to hold them there, whereas in Scotland there is a presumption that they will be held according to self-declared gender identity unless there are concerns about risk.

‘We are now going further, making sure trans women who retain male genitalia or convicted of sex or violent offences can’t be held in women’s estate unless there is an explicit decision by ministers.’

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