Prisoners: Gender Recognition

Ministry of Justice written question – answered at on 14 January 2022.

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Photo of Tim Loughton Tim Loughton Conservative, East Worthing and Shoreham

To ask the Secretary of State for Justice, how many transwomen are currently held in (a) female prisons and (b) all prisons; and how many of those offenders have previous convictions for sexual offences.

Photo of Victoria Atkins Victoria Atkins The Minister of State, Ministry of Justice, Minister for Afghan resettlement

As of our latest data collection on 31 March 2021, there were 146 transgender women (that is, prisoners who were legally male and identified as female) in all prisons across England and Wales.

Of these, fewer than five transgender prisoners were housed in the women’s estate. These figures do not include transgender prisoners with gender recognition certificates, although information on these individuals will be published early this year.

On the offences committed by individuals, we are only able to provide figures for the offence or offences that have led to an individual’s current imprisonment. To provide offence information for previous convictions would involve a complex data matching exercise which would exceed the prohibitive cost threshold for responding to a Parliamentary Question. Previous convictions, along with other relevant information, are considered, however, as part of the risk assessment set out in the Care and Management of Individuals who are Transgender Policy 2019.

On current offences, in the men’s estate, there were 87 transgender women with a conviction for at least one sexual offence. In the women’s estate, the number of transgender women with a conviction for at least one sexual offence was fewer than 5. This includes prisoners with a GRC.

Where transgender prisoners with GRCs are deemed too high risk to be held in the general women's estate, they can be held on E Wing, part of HMP Downview. This allows them to be held separately with only supervised contact with other women.

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