Sex between prisoners is not permitted. PSI 47/2011 - Prison Discipline Procedures - provides that engaging in sexual activity can lead to disciplinary charges. PSI 30/2013 - Incentives and Earned Privileges - requires prisoners to act ‘with decency at all times remembering prisons/cells are not private dwellings (this includes not engaging in sexual activity)’.
In the case that this question references, the HMPPS and MoJ policy ‘The Care and Management of Individuals who are Transgender’ was found to be lawful. This policy sets out the minimum mandatory requirements for managing transgender prisoners and offenders on probation. When managing transgender prisoners and making decisions regarding their location within the prison estate all risk information relating to each prisoner must be considered, including risk from others, risk to others and risk of self-harm. Where appropriate, this includes consideration of a prisoner’s sexual behaviours and relationships in a custodial setting and consideration of anatomy. This risk assessment process ensures that the safety, welfare and rights of all prisoners are protected.
Transgender prisoners continue to be managed via local case boards following any decision on prison location. This means that ongoing support can be provided as well as continuous risk assessment and mitigation, with any change in circumstances or risk prompting a re-referral to the Complex Case Board where location decisions can be revisited, as necessary.