Trans prisoners moved out of women’s jails after Isla Bryson scandal
Transgender prisoners have been moved out of women’s jails in England and Wales as potential security risks in the wake of the Isla Bryson scandal.
At least two transgender inmates have been transferred to men’s jails or a special transgender wing after the Ministry of Justice (MoJ) tightened the rules to protect women prisoners.
A review has identified the transgender prisoners as potential risks because they were sex offenders or had convictions for serious violence including murder, attempted murder and kidnap.
“We’ve changed the rules so transgender women who’ve been convicted of sexual or violent offences – or who retain male genitalia – cannot be held in a women’s prison unless in truly exceptional circumstances,” said a Government spokesman.
“This Government is clear that biological sex matters and our common sense approach means well over 90 per cent of transgender women in custody are held in men’s prisons.”
Dominic Raab, the former justice secretary, strengthened the rules in England and Wales after the controversy over Isla Bryson.
Bryson, a transgender woman found guilty of raping two women before transitioning, was initially sent to the all female Cornton Vale prison before an outcry forced the Scottish Government to reversed the move. It subsequently launched a review of prison rules for transgender inmates.
The MoJ declined to disclose how many transgender prisoners have been transferred out of the female estate but confirmed “a number” had been. It is thought it could be as many as six.
Last year there were 168 legally-male trans women prisoners in England and Wales. Only six were in women’s prisons, with the rest in men’s prisons.
A further 11 prisoners had legally switched gender by obtaining gender recognition certificates. Research shows that men jailed for sexual offences are twice as likely to identify as trans women compared with men jailed for other types of offences.
Transgender prisoners can be held in men’s jails or in wing E at HMP Downview, a women’s prison, which was reopened as a “transgender unit” to house transgender inmates who could not be safely held in male jails.
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 a presumption they will be held according to self-declared gender identity unless there are concerns about risk.
