Where sex matters | Prisons

Prisons

Keeping male and female prisoners in separate accommodation is one of the minimum expectations for the treatment of prisoners.

In the UK, Prison Rules state that male and female prisoners should be kept separate from each other. International standards also support this:

Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women, the whole of the premises allocated to women shall be entirely separate

United Nations Standard Minimum Rules for the Treatment of Prisoners

There are around 3,800 women in prison in England and Wales (under 5% of the prison population). Women tend to have committed significantly fewer serious violent offences or sexual offences than men. Over 30% of female prisoners report a history of sexual abuse, compared with 10% of male prisoners. Almost 60% of women reported experiencing domestic violence.

What’s the problem?

Convicted male prisoners are held in women’s prisons throughout the UK, based on gender identity. The policy on Care and Management of Individuals who are Transgender applies to prisons throughout England and Wales. It states that:

All individuals who are transgender must be initially allocated to part of the [prison] estate which matches their legally recognised gender.

England and Wales Policy

Males who identify as transgender women but who do not have a GRC should initially be placed in a men’s prison, but can apply to be transferred to a women’s prison based on evidence of “living as a woman”.

Freedom of Information requests by Fair Play for Women have revealed that there are 163 recorded transgender prisoners in England and Wales. Almost 50% have at least one conviction for a sexual offence. There is emerging evidence that the Prisons Service is failing to keep track of any of the data relating to transgender prisoners and in which is estate they are accommodated.

The rules for the Scottish Prison Service Gender Identity and Gender Reassignment Policy for those in our Custody go even further than the England and Wales policy. It makes no distinction between males with a GRC and those without one. It states

A male-to-female person in custody living permanently as a woman without genital surgery should be allocated to a female establishment. She should not be automatically regarded as posing a high sexual offence risk to other people in custody and should not be subject to any automatic restrictions of her association with other people in custody.

Scottish Prison Service policy

If a male prisoner transitions to “living as a woman” during their sentence they will be moved to a women’s prison. The Scottish policy is embossed with Stonewall and Scottish Trans Alliance logos, giving the impression that this has been developed in consultation with and endorsed by both organisations. 

Holding males in women’s prisons introduces multiple risks to women, including fear, trauma and lack of privacy. There have been instances of sexual violence against women in what should be safe private spaces. Rhona Hotchkiss, a retired prison governor previously in charge of women’s prisons in Scotland, reports that there have been numerous incidents of inappropriate sexualised and aggressive behaviour and threats towards women by transwomen. These incidents often caused real distress to women whose mental health is already vulnerable.

“I am asking [prison managers] to err on the side of caution, because there is emerging evidence that certain men are jumping on the trans bandwagon to access, and harm, very vulnerable women in prison.”

Frances Crook, Chief Executive, Howard League for Penal Reform.

 

Updates

  • Say NO to self-ID in Scotland

    Self-ID: tell the Scottish Parliament your views!

    When the Gender Recognition Act came into force in 2004, it was a single regime for the UK. The Scottish Executive at the time considered whether Scotland should have separate legislation, but rejected this approach due to “cross-border anomalies”. In 2019 the UK government stepped back from its plan...

    3rd May 2022

  • Were we unkind?

    We have had this email about yesterday’s post on the prisons judicial review to which we think we should respond:  The first thing we want to say to the writer is “thank you”. We mean that. If one of our own supporters writes this to us, then it’s a...

    4th July 2021

  • The law must protect women in prison

    Today the High Court handed down a shocking and disappointing judgment, that the Ministry of Justice has not broken any law in its policy of housing fully intact men who identify as women in women’s prisons, despite the judges recognising: “a statistically greater risk of sexual assault upon non-transgender...

    2nd July 2021

  • Truth and reconciliation

    How should the public sector leave the Stonewall Champions Scheme?

    6th June 2021

  • Time to #LeaveStonewall

    This is the letter we have sent to the CEOs of the 850 organisations that are members of the Stonewall Diversity Champions Scheme. Re: Leaving the Stonewall Diversity Champions Scheme We are writing to call on you to withdraw from the scheme, both for the sake of your own...

    29th May 2021

  • Is Gender Recognition an “access all areas” pass?

    The Gender Recognition Act 2004 was passed with little public scrutiny or consideration for women’s rights. A critical question concerns the provision in Section 9 that a gender recognition certificate changes a person’s sex for all purposes. Is this an “access all areas“ pass?  When the Act was passing...

    14th April 2021

Other resources

  • Women's Rights Network

    Women’s Rights Network

    Combined grassroots groups of women who oppose sex self-ID. Supports local, in-person networking. Has topic-related groups (such as sports, prisons, schools) that create resources, including videos and podcasts and social-media posts, and coordinate national campaigns. Was a core member of the “Respect My Sex” campaign before the local elections...

  • Fair Play For Women

    Fair Play For Women

    Campaigning and consultancy group which raises awareness, provides evidence and analysis, and supports policy-makers to protect the rights of women and girls in the UK. Opposes sex self-ID, and also played a large part in the government’s decision to abandon plans to introduce it in England and Wales in...

  • WPUK – Woman's Place UK

    Woman’s Place UK (WPUK)

    Grassroots feminist campaign formed in 2017 by women with backgrounds in trade-union and broader social movements.  Aim was to ensure women’s voices would be heard in the consultation on proposals for self-identification and to uphold single-sex exceptions.  Played a large role in getting government plans to reform the Gender...

  • Keep Prisons Single Sex XX

    How police forces in England and Wales record suspects’ sex in crime and incident reporting

    Keep Prisons Single Sex reports that from its research it is clear that many police forces record suspects’ gender identity in lieu of sex registered at birth, frequently on the basis of self-identification.

  • “We hardly get any of those here” – working with girls and women

    Charlotte Weinberg writes for Probation Quarterly on whether changes to the perception, treatment and approaches to work with women and girls affected by the criminal justice system have occurred, to what extent and to what effect. 

  • We can resolve the debate on trans prisoners with compassion and common sense

    Former prison governor Ian Acheson writes for CapX that there is a blindingly simple way to both eliminate risk and protect transgender prisoners themselves.

  • Jo Phoenix

    A woman’s place is not in prison

    A transcript of Jo Phoenix’s presentation at a panel discussion organised by Woman’s Place UK and the Centre for Crime and Justice Studies.

  • WPUK – Woman's Place UK

    Women’s prisons and male transgender prisoners

    The ruling handed down in FDJ v SSJ in the High Court of Justice last week is further proof that UK law does not work for women. In dismissing the claim by FDJ, a woman prisoner who had suffered a sexual assault by a male prisoner while in a...

  • Centre for Crime and Justice Studies

    Centre for Crime and Justice Studies

    The CCJS conducts research and analysis on crime, the process of criminalisation and the criminal justice system, and works to develop holistic, practical and sustainable solutions to the problem of crime in the UK and beyond. It has been working to encourage calm, respectful dialogue and discussion on the...

  • Keep Prisons Single Sex XX

    Keep Prisons Single Sex

    Established in 2020 to campaign for the sex-based rights of women in prison to single-sex accommodation and same-sex searching. Also campaigns for data on offending to be recorded by sex throughout the criminal justice system. Spokesperson is Kate Coleman. Email: [email protected]

  • Evidence and data on transwomens’ offending rates

    Submitted to the Women and Equalities Select Committee by Professor Rosa Freedman, Professor Kathleen Stock, and Professor Alice Sullivan, this covers the Swedish study referred to; attempts to rebut it; Ministry of Justice data on transgender prisoners in England and Wales; and analysis of that data.

Publications