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Transgender in the 21st Century Prison System

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Transgender in the 21st Century Prison System

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Sarah-Jane Baker
2019
In: Fox, A. and Frater, A. eds. Crime and Concequence: What should happen to people who commit criminal offences. The Monument Fellowship

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No Safe Refuge: Experiences of LGBT asylum seekers in detention

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No Safe Refuge: Experiences of LGBT asylum seekers in detention

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Stonewall, 2016

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Stonewall, 2018

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Sexual victimization against transgender women in prison: Consent and coercion in context

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Sexual victimization against transgender women in prison: Consent and coercion in context

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Jenness, V. et al.
2019
Criminology 57(4)

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Challenges and opportunities for gender-affirming healthcare for transgender women in prison

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Challenges and opportunities for gender-affirming healthcare for transgender women in prison

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Sevelius, J., and Jenness, V.
2017
International Journal of Prisoner Health 13(1)

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Creating, reinforcing, and resisting the gender binary: a qualitative study of transgender women’s healthcare experiences in sex-segregated jails and prisons

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Creating, reinforcing, and resisting the gender binary: a qualitative study of transgender women’s healthcare experiences in sex-segregated jails and prisons

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White Hughto, J. M. et al.
2018
International Journal of Prisoner Health 14(2)

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Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

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Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

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Buist, C., and Stone, C.
2014
Critical Criminology 22(1)

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The Care and Management of Individuals who are Transgender

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The Care and Management of Individuals who are Transgender

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MoJ and HM Prisons & Probation Service, 2020 (reissued)

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HoC Women and Equalities Committee, 2015

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House of Commons briefing paper, 2018

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The Government published new guidelines on the treatment of transgender prisoners in England and Wales in 2016. This note looks at these, and at the position in Scotland and Northern Ireland.
This note discusses policy towards transgender prisoners in England and Wales, Scotland and Northern Ireland.

England and Wales

How many transgender prisoners are there?

In November 2016, the Ministry of Justice published the first official statistics on transgender prisoners. A data collection exercise in March/April 2016 showed that there were 70 transgender prisoners in 33 of the 123 public and private prisons in England and Wales. A Ministry of Justice report published in November 2017 said there were 125 transgender prisoners in England and Wales who had had a local transgender case board when data was collected in March/April 2017. 47 of the prisons in England and Wales said that they had 1 or more transgender prisoners.

The review

In November 2016, the National Offender Management Service (NOMS) published a revised policy on transgender prisoners. NOMS had initiated a review of the issue early in 2015. However, late in 2015 its scope was broadened following the deaths of two transgender inmates, and another case where a transgender woman was first sent to a male prison, but was later transferred to a women's prison after a public petition.

What did the old guidelines say?

2011 policy guidelines for England and Wales had stated that prisoners should normally be located in the prison estate of their gender as recognised by UK law. For transgender prisoners, a Gender Recognition Certificate (GRC) would normally be necessary before a person could be placed in a prison corresponding to their acquired gender. However there was some flexibility for trans prisoners who were "sufficiently advanced in the gender reassignment process".

The Women and Equalities Committe report

The Women and Equalities Committee looked at the issue of transgender prisoners as part of their wider report on Transgender Equality, published in January 2016. The Committee said there was a "clear risk of harm" where trans prisoners are not located in a prison "appropriate to their acquired/affirmed gender".

The new policy

The Government published a report on their policy review in November 2016 which acknowledged that the treatment of transgender people in the criminal justice system had not kept pace with wider social views. Whilst earlier 2011 guidelines had emphasised the role of GRCs and medical interventions, the report noted that many transgender people successfully lived their lives without these. The new policy needed to "take as its starting presumption a wish to respect someone in the gender in which they identify".

The new policy guidelines, Prison Service Instruction 17/2016 states that "all transgender prisoners (irrespective of prison location) must be allowed to express the gender with which they identify". Such prisoners must be asked their view of the part of the prison estate that reflects this; however a decision to locate them in a prison which does not accord with their legal gender can only be made following a Transgender Case Board. Those who wish to be placed in a prison location which is not consistent with their legally recognised gender must provide evidence of living in the gender with which they identify. Assessments will be made on a case by case basis.

Scotland and Northern Ireland

In Scotland, 2014 policy guidelines state that the social gender in which the prisoner is living should be fully respected, regardless of whether or not they have a GRC.

The Northern Ireland Prison Service has no recent record of any prisoners who have self-identified as transgender. Their needs would be considered on a case by case basis, to include arrangements for where they would be accommodated and how they would engage in the prison regime.

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The Government published new guidelines on the treatment of transgender prisoners in England and Wales in 2016. This note looks at these, and at the position in Scotland and Northern Ireland. This note discusses policy towards transgender prisoners in England and Wales, Scotland and Northern Ireland.

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Review on the Care and Management of Transgender Offenders

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Review on the Care and Management of Transgender Offenders

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MoJ 2016

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Trans Individuals and the Criminal Justice System

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Trans Individuals and the Criminal Justice System

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This digital compendium collates a series of resources  concerning this week's taught content.

Please use this resource to comment thoughts, up or down-vote the content to give your peers an idea of content you found useful and the opportunity for you to add your own content (using the '+' sections above).

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An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments…

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 Hate Crimes Against Trans People: Assessing Emotions, Behaviours, and Attitudes Towards Criminal Justice Agencies

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 Hate Crimes Against Trans People: Assessing Emotions, Behaviours, and Attitudes Towards Criminal Justice Agencies

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Walters, M.A. et al.
2017
Journal of Interpersonal Violence.

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Belmarsh's only transgender prisoner recalls the heartbreaking moment she helped her sick father die as Ross Kemp's HMP Belmarsh viewers praise the 'brave' inmate

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Belmarsh's only transgender prisoner recalls the heartbreaking moment she helped her sick father die as Ross Kemp's HMP Belmarsh viewers praise the 'brave' inmate

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HMP Belmarsh viewers praise prison's 'brave' only transgender prisoner

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Viewers of Welcome to HMP Belmarsh with Ross Kemp were left moved by the story of the prison's only transgender prisoner Claire Darbyshire, 39, from Dagenham, was jailed for life with a minimum of four years in 2016 - the shortest life sentence in legal history Was sentenced after helping

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Britain’s longest-serving trans prisoner is now helping trans people locked up in the wrong prisons

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Britain’s longest-serving trans prisoner is now helping trans people locked up in the wrong prisons

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PinkNews - Gay news, reviews and comment from the world's most read lesbian, gay, bisexual, and trans news service

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Britain's longest-serving transgender prisoner, who was released six months ago, is now helping other trans inmates who are in prisons that do not match their gender.

Sarah Jane Baker, 50, is a violinist and artist who grew up with an abusive father and spent her formative years in and out of care.

At the age of 19, in 1989, she was convicted of kidnapping and torturing her stepmother's brother, and was given a nine-year tariff. She was later given a life sentence for the attempted murder of a child rapist while she was in prison.

In total she spent 30 years in male young offenders institutions and prisons, where she said she was targeted as a trans prisoner, suffering physical attacks, stabbings and multiple rapes.

She told : "I was a woman held in a male prison and it was so isolating. Fellow prisoners either desire you or hate you, or both.

"When people found out I was trans, I became a human punching bag."

Baker was not allowed undergo hormone treatment while she was in prison, and in 2017 she became so desperate that she removed her own testicles with a razor blade.

She almost died, but was finally allowed to take oestrogen for medical reasons.

She said: "Not being recognised for who you are for so long does something to your spirit."

While in prison, Baker learned to read and write and eventually wrote a book: Transgender Behind Prison Walls.

Since being released in September, 2019, she has formed the Transprisoner Alliance which provides "both practical and emotional support to one of the most marginalised groups of people residing in our prisons".

The non-profit organises letter and visits for trans people behind bars, and it says that 90 per cent of trans prisoners receive no letters or visits from family or friends.

It also provides legal assistance with advice for an in-house barrister on legal name changes and gender recognition certificates.

One of the things that helped her gender dysphoria in prison was makeup, sometimes brought in by sympathetic officers, so the Transprisoner Alliance also brings makeup and gender appropriate clothing to trans inmates.

Conditions for trans people who are incarcerated have started to move slightly in the right direction, and prisoners no longer require a Gender Recognition Certificate to be moved, but Baker said more needs to be done.

As of November 2019, less than one-tenth of trans inmates were in the correct facility for their gender, according to UK government figures.

Baker said: "The only way forward is dialogue."

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Britain's longest-serving trans prisoner is now helping trans people locked up in the wrong prisons

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Britain's longest-serving transgender prisoner, who was released six months ago, is now helping other trans inmates who are in prisons that do not match their gender. Sarah Jane Baker, 50, is a violinist and artist who grew up with an abusive father and spent her formative years in and out of care.

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One in 50 prisoners identifies as transgender amid concerns inmates are attempting to secure prison perks

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One in 50 prisoners identifies as transgender amid concerns inmates are attempting to secure prison perks

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One in 50 male offenders in prisons are self-identifying as transgender, according to a survey by the official jail watchdog, amid concerns inmates may be attempting to secure extra perks.

The figure, the first by the watchdog, suggests there are up to 1,500 transgender inmates among the 90,000 prisoners in England and Wales, more than ten times previous estimates, and at least four times the number in the general population.

Among offenders from traveller communities the number self-identifying as transgender or transsexual rose to one in ten inmates, according to the annual report by Peter Clarke, the chief inspector of prisons.

Transgender prisoners are entitled to shower alone, separate cells and can apply to switch between male and female jails. Earlier this year the Ministry of Justice created a "wing" for transgender prisoners to keep them away from other inmates.

Mark Fairhurst, chair of the Prison Officers Association (POA) said there "would always be some trying to abuse the system" but it would not affect officers approach to treat transgender inamtes with respect and dignity.

Harry Fletcher, director of the Victims' Rights Campaign, said he was convinced that "for some this is a total try-on" with the prospect of a more relaxed regime.

Ministry of Justice (MoJ) figures in November said there were 139 transgender prisoners in 44 jails. Of the 42 in women's jails, 22 were men who identified as female, while in male prisons 92 of the 97 were men identifying as women.

The watchdog's survey of 5,133 British prisoners found two per cent self identified as transgender or transexual, rising to 10 per cent of the 287 traveller offenders surveyed. Extrapolated across the prison service, this would mean about 1,500.

By contrast, the Government's equalities office estimates as few as 0.5 per cent or 200,000 in the general population are transgender. And nationally just 5,000 transgender people have been issued with gender recognition certificates since they were accepted in new laws in 2004.

The report warned that "prisons were often unaware of the true number of gay, bisexual and other orientation prisoners in their population and the support for this group was often very limited."

Asked if the comparatively high figures suggested it was being exploited by offenders, Mr Clarke said this had not been covered by the survey. But he added: "Sometimes we find the numbers of people identifying as transgender are higher in our survey than the prison will think."

For those that did identify as transgender, he said inspectors had seen "considerable care paid to the requirements of transgender prisoners."

The UK's first prison unit for transgender inmates was opened this year at HMP Downview, a women's jail in south London, initially catering for three prisoners with gender recognition certificates.

It followed the case of Karen White, a transgender prisoner, who sexually assaulted two women while on remand at New Hall jail in Wakefield. White, who was born male and now identifies as a woman, was described by a judge as a 'predator' who was a danger to women and children.

Credit: Ben Lack

The UK's first prison unit for transgender inmates was opened this year at HMP Downview, a women's jail in south London, initially catering for three prisoners with gender recognition certificates.

It followed the case of Karen White, a transgender prisoner, who sexually assaulted two women while on remand at New Hall jail in Wakefield. White, who was born male and now identifies as a woman, was described by a judge as a 'predator' who was a danger to women and children.

In his report, Mr Clarke warned thousands of prisoners including sex offenders were being released without proper checks on the they danger they posed to the public. Some sex offenders were also being released into inappropriate accommodation including budget hotels.

"Much remains to be done, particularly around prisoners who present a potentially high risk of harm to the public being released without a full risk assessment," said his report.

An inmate's assessment should be regularly updated, he said, but sometimes there was no document at all or the paperwork was out of date.

He added that the response to the problem, which had been raised repeatedly, had been "poor".

Mr Clarke also urged the Government to consider a full independent inquiry into the "scandal" of self-harm and suicides in prisons, which had increased in two thirds of the jails inspected over the past year.

"It's no exaggeration to say it is a scandal," said Mr Clarke. "People in the care of the state are dying unnecessarily in preventable circumstances."

Violence had also increased in more than half the prisons inspected, much of which was linked to illegal drugs including the rising threat from the psychoactive "zombie" drug Spice. "Too often strategies to combat illicit drugs are inconsistent," said Mr Clarke.

"The impact of new psychoactive substances was underestimated by the prison service. The response has been too slow."

Mr Clarke said he would "never forget" the squalid conditions he encountered on a visit to Birmingham prison.

He recalled a blood-stained shower, which was littered with rat droppings.

Birmingham had the worst examples of living conditions, his report said, with cells "dirty, cramped and overcrowded".

Vulnerable prisoners were found living in squalid cells which were not fit for habitation.

"Rubbish was left lying around in bags and there were problems with fleas, cockroaches and rodents," the report said.

One prisoner lived in a "filthy flooded cell" and the blood of another - who had self-harmed two days earlier - had not been cleaned from the floor.

Mr Clarke praised the "bravery" of prison staff, saying their work was "difficult, often dangerous, largely unseen by the public and, as a result, little understood".

The MoJ acknowledged its figures for transgender prisoners were an underestimate and did not include those who had gender recognition certificates. Any prisoner seeking to switch from male to female prisons had to apply to a board.

It said an extra £70 million was being spent on boosting safety, conditions and security. It also said it had improved its "risk assessment and sentencing planning processes" and high-risk prisoners were subject to "various strict risk assessments".

It also said it had improved the provision of mental health support and trained staff on how to care for inmates at risk of self-harm.

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One in 50 prisoners identifies as transgender amid concerns inmates are attempting to secure prison perks

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One in 50 male offenders in prisons are self-identifying as transgender, according to a survey by the official jail watchdog, amid concerns inmates may be attempting to secure extra perks. The figure, the first by the watchdog, suggests there are up to 1,500 transgender inmates among the 90,000 prisoners in England and Wales, more than ten times previous estimates, and at least four times the number in the general population.

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Female prison officers have been raped by inmates who self-identify as trans women, ex-Tory minister Rory Stewart claims

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Female prison officers have been raped by inmates who self-identify as trans women, ex-Tory minister Rory Stewart claims

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Female prison officers have been raped by inmates who self-identify as trans women, ex-Tory minister Rory Stewart claims

Mr Stewart revealed he was 'instinctively worried' about the situation

He added 'the rights of women to feel safe' were most important in his view

The Ministry of Justice said there were policies in place to manage the risk

Female prison officers have been raped by male-bodied inmates who self-identify as trans women, a former Minister has revealed.

The disclosure was made by Rory Stewart, the ex-Tory Cabinet Minister who oversaw prisons in 2018 and 2019 and who is now running as an independent candidate for Mayor of London.

It will fuel questions about policies that have allowed criminals with male bodies to describe themselves as female and demand to be housed in women's prisons.

Mr Stewart told GQ magazine: 'When I was Prisons Minister, we had situations of male prisoners selfidentifying as females then raping staff in prison.'

The claim is the first public reference to trans women assaulting prison staff in women's jails, but it follows warnings that allowing malebodied criminals into female jails puts women in danger.

It was reported last year there are up to 1,500 inmates who describe themselves as transgender among the 90,000 prisoners in England and Wales - raising concerns that some are claiming to be trans to get access to women's jails.

In 2018, a transgender inmate was found to have sexually assaulted women in a female prison.

Karen White, born Stephen Wood, had been sent to HMP New Hall near Wakefield, West Yorkshire, despite having had neither surgery nor hormone treatment - and despite being a convicted paedophile on remand for grievous bodily harm, multiple rapes and other sexual offences against women.

In response to concerns about the situation, the Prison Service last year established a dedicated wing for housing some trans inmates at women's jail HMP Downview near Banstead, Surrey.

In the interview with GQ, Mr Stewart was asked about so-called 'self-ID' policies, which could mean anyone who identifies as a woman is allowed to go into female-only spaces, such as changing rooms and toilets.

He replied: 'I'm instinctively worried about that, partly because when I was Prisons Minister, we had situations of male prisoners self-identifying as females then raping staff in prison.

'So I think if somebody is biologically male, particularly in an environment like a prison, we shouldn't allow that to happen.

'We have to be pretty cautious about how we think that happens in other spaces.

'The important thing is: I think the rights of women to feel safe trump the rights of somebody who's biologically male to enter that space.'

The Ministry of Justice recently said policies are in place to manage the risks that might be posed by male-bodied prisoners who say they are trans women.

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Female prison officers have been raped by trans inmates claim

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Mr Stewart revealed he was 'instinctively worried' about the situation He added 'the rights of women to feel safe' were most important in his view The Ministry of Justice said there were policies in place to manage the risk Female prison officers have been raped by male-bodied inmates who self-identify as trans women, a former Minister has revealed.

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Transgender woman to be sent to men's prison after robbing the 'vulnerable and elderly'

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Transgender woman to be sent to men's prison after robbing the 'vulnerable and elderly'

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(Image: Liverpool Echo)

A transgender woman is to be sent to a men's prison after burgling 'vulnerable people' during a crime spree.

Tamara Williams, from Birkenhead, raided supported accommodation for vulnerable people and people older than 55 after 'falling off the wagon' from being drug-free for eight months.

The 37-year-old pleaded guilty at Liverpool Crown Court to five counts of burglaries, theft from a shop and to handling stolen goods, Liverpool Echo reports.

While at the accommodation for vulnerable persons, Tamara attempted to steal a treasured Second World War medal on October 25, 2019 in an hour-long crime spree.

Williams, who changed her name in 2005, was sentenced to two years in prison.

At least part of this sentence will be at a male prison though, despite her defence appealing to Judge Robert Warnock for a suspended sentence.

It's understood Williams will be able to appeal where the rest of her sentence is spent after initially being sentenced to a male facility.

The court heard how Williams had went through a bout of homelessness in January 2019 and had drug misuse issues, which led to her committing crimes.

As well as the burglaries last October, Williams was also charged with handling stolen goods and theft from a shop after a police officer caught her with a tray of stolen items from Tesco, in January 2019.

Williams had attempted to steal Prosecco, easter eggs and other alcoholic items from the Hoylake Road branch of Tesco, in Moreton.

As well as these items, she was also found with three stolen Google phones, worth £1,835.

Williams had attempted to steal these items after "falling off the wagon" from being drug-free for eight months, Chris McMaster, defending, said.

Months later, in October, she struck again when trying to steal items from homes at Brooks Court, Whetstone Lane.

The sheltered housing supports vulnerable people and those aged 55 and older.

Kate Gaskell, prosecuting, said Williams made her way into four people's homes and when caught by a victim in their doorway, she said: "Are you expecting home help?"

When the victim, Michael Delaney, replied to say he wasn't, Williams said: "Sorry I must have the wrong house."

Another victim caught Williams sitting on their bed with their posessions.

Ms Gaskell said Paul Christie "asked what she was doing there and the defendant said 'Someone said it was all right for me to come in.'"

Williams had attempted to steal Mr Christie's father's Second World War medal, alcohol, food and about £50 in cash.

All the items were returned to Mr Christie and the other victims.

The court heard Williams had attempted to take food, car keys, a key and alcohol from other victims targeted in the spree.

Mr McMaster said the attempted burglaries took place after "she was coming out of the other side" of drug misuse issues and prior to the October 25 crimes she had "ran into old associates" in Hamilton Square "taking drugs".

He called the attempted burglaries "out of character" and pleaded for a suspended sentence for his client after he'd been informed Williams would be sent to a male prison.

Sentencing, Judge Warnock said: "Your drug dependency led you to have no appreciation of the rights or dignity of others."

He called her crime a "domestic campaign of burglary" on "relatively elderly and vulnerable people."

Williams was sentenced to two years in prison and will be subject to a Criminal Behaviour Order when she is released.

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Transgender woman to be sent to men's prison after robbing 'vulnerable people'

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A transgender woman is to be sent to a men's prison after burgling 'vulnerable people' during a crime spree. Tamara Williams, from Birkenhead, raided supported accommodation for vulnerable people and people older than 55 after 'falling off the wagon' from being drug-free for eight months.

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A transgender wing seeks to resolve a clash of prisoners’ rights

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A transgender wing seeks to resolve a clash of prisoners’ rights

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L ONG BEFORE she was sent to prison, "A.L." knew she was transgender. As a child, she "wasn't like other boys" and liked to dress up in girls' clothes. Yet when she first confided in warders, they suggested she move to a wing with sex offenders. In a study of transgender inmates published in 2017 by G4 S, a firm which runs prisons, she said she was refused a place in a women's jail. "I was told that the women prisons would be too interested in 'what I've got downstairs'," she said.

The prison service reckons there are at least 139 transgender inmates in England and Wales, which is probably an underestimate. Since there are no unisex prisons, the authorities face a dilemma in deciding where to place them. They must balance the welfare of transgender offenders with those of other prisoners, particularly women, whose safety could be threatened by prisoners who were born male. Karen White, a convicted paedophile who now identifies as a woman, sexually assaulted two prisoners in a women's jail in 2017. "We have a clash of rights," says Richard Garside of the Centre for Crime and Justice Studies, a think-tank.

This week the Ministry of Justice announced a possible solution: a wing for transgender prisoners, which opened in HMP Downview, a women's jail in south London. It will hold three transgender women. Officials say it is a unique response to the individuals' circumstances, not a pilot that could soon apply to all, but the ministry is reviewing its policy on how to handle transgender inmates in general.

Some reckon the wing represents significant progress. The prison service has twice issued more permissive guidance for transgender inmates since 2011, but a parliamentary report in 2016 found that this advice was sometimes "simply being ignored" by warders. Policy is inconsistent. A prisoner's request to buy women's underwear was turned down in one jail but approved in another. In one prison, inmates were given a sign reading: "Do not enter, shower in use by transgender prisoner."

At first blush, separate wings would seem to meet the needs of both transgender and other prisoners better than the current system, under which the majority of transgender inmates have the chance to persuade a board that they should be housed in a jail with prisoners born into the opposite sex, even if they have not undergone surgery or obtained an official "gender recognition certificate". The board runs a risk whatever it decides. Placing self-declared women in female prisons could expose other inmates to abuse by predators like Ms White. But forcing them into a men's prison, even if they have lived as a woman for years, could put them in harm's way. The parliamentary report highlighted the cases of two transgender women who committed suicide while in men's prisons in 2015.

Even so, not all transgender inmates like the idea of separate wings. The mantra of some activists that "trans women are women" implies they should be treated no differently from inmates who were born female. And if the new wing is designed for dangerous inmates, others may avoid it. Debbie Hayton, a transgender campaigner, reckons that, were she ever jailed, she might plump for a men's prison rather than a faraway transgender wing holding sex offenders. "If these people are considered too dangerous to be put with women, perhaps they're too dangerous for me, too."

This article appeared in the Britain section of the print edition under the headline "A tough cell"

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A transgender wing seeks to resolve a clash of prisoners' rights

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L ONG BEFORE she was sent to prison, "A.L." knew she was transgender. As a child, she "wasn't like other boys" and liked to dress up in girls' clothes. Yet when she first confided in warders, they suggested she move to a wing with sex offenders.

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Legislation is available in different versions:

Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the 'Changes to Legislation' area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

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Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the 'Changes to Legislation' area.