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To ask the Secretary of State for Justice, how many transgender prisoners are held in women’s prisons; and how many of these individuals have convictions for (a) violent, (b) sexual and (c) stalking offences.
To ask the Secretary of State for Justice, how many transgender prisoners are held in women’s prisons; and how many of these individuals have convictions for (a) violent, (b) sexual and (c) stalking offences.
We have interpreted these Parliamentary Questions as relating to transgender women in the prison estate.
Transgender women with birth genitalia and/or any history of sexual or violent offences – including individuals with a Gender Recognition Certificate – cannot be held in the general women’s estate other than in exceptional circumstances, where an exemption has been granted by Ministers. No transgender women have received such an exemption under this Government.
Placement decisions for transgender prisoners are determined by a Complex Case Board (CCB) - a multidisciplinary panel of experts. Whilst possession of a Gender Recognition Certificate is a consideration, it is one of a range of risk and vulnerabilities that are considered - including offending history and mental health conditions - and does not take precedence. CCBs assess both risk that the individual may face to and from others.
The very small number of transgender women who fail to meet the high-risk threshold we have set for being accommodated in the general women’s estate, but who are too vulnerable to be held in the men’s estate are housed on E Wing at HMP/YOI Downview. They are accommodated completely separately to biological women, in a discrete building behind a gated fence. Despite being on the site of HMP/YOI Downview, E Wing is not part of the general women’s estate, and E Wing prisoners can only access the prison's wider regime under supervision, and where a local risk assessment deems this appropriate.
As of 1 April 2026, fewer than five transgender women were being held in the general women's prison estate. None of these has convictions for sexual or stalking offences. We cannot comment on individual cases.
There have been no assaults or sexual assaults committed by transgender women in the general women's estate in the last five years. The number of safeguarding alerts involving transgender prisoners placed in the women’s estate over the last five years can only be obtained at disproportionate cost.
We are working through the implications of the 2025 Supreme Court ruling on the definition of ‘sex’ in the Equality Act 2010, and the Government is considering the draft updated Code of Practice produced by the Equality and Human Rights Commission. Once this process has been completed, we will confirm any updates to the transgender prisoner allocation policy.
To ask the Secretary of State for Justice, what criteria are used when determining whether a transgender offender with a history of (a) violent, (b) sexual and (c) stalking behaviour may be placed in a women’s prison.
To ask the Secretary of State for Justice, what criteria are used when determining whether a transgender offender with a history of (a) violent, (b) sexual and (c) stalking behaviour may be placed in a women’s prison.
We have interpreted these Parliamentary Questions as relating to transgender women in the prison estate.
Transgender women with birth genitalia and/or any history of sexual or violent offences – including individuals with a Gender Recognition Certificate – cannot be held in the general women’s estate other than in exceptional circumstances, where an exemption has been granted by Ministers. No transgender women have received such an exemption under this Government.
Placement decisions for transgender prisoners are determined by a Complex Case Board (CCB) - a multidisciplinary panel of experts. Whilst possession of a Gender Recognition Certificate is a consideration, it is one of a range of risk and vulnerabilities that are considered - including offending history and mental health conditions - and does not take precedence. CCBs assess both risk that the individual may face to and from others.
The very small number of transgender women who fail to meet the high-risk threshold we have set for being accommodated in the general women’s estate, but who are too vulnerable to be held in the men’s estate are housed on E Wing at HMP/YOI Downview. They are accommodated completely separately to biological women, in a discrete building behind a gated fence. Despite being on the site of HMP/YOI Downview, E Wing is not part of the general women’s estate, and E Wing prisoners can only access the prison's wider regime under supervision, and where a local risk assessment deems this appropriate.
As of 1 April 2026, fewer than five transgender women were being held in the general women's prison estate. None of these has convictions for sexual or stalking offences. We cannot comment on individual cases.
There have been no assaults or sexual assaults committed by transgender women in the general women's estate in the last five years. The number of safeguarding alerts involving transgender prisoners placed in the women’s estate over the last five years can only be obtained at disproportionate cost.
We are working through the implications of the 2025 Supreme Court ruling on the definition of ‘sex’ in the Equality Act 2010, and the Government is considering the draft updated Code of Practice produced by the Equality and Human Rights Commission. Once this process has been completed, we will confirm any updates to the transgender prisoner allocation policy.
Committee stage. Clause 1, amendment 46, debated with further amendments, new clauses and schedules and negatived on division (105 to 381). Clause 1, amendments made. Clause 1, as amended, agreed to on division (389 to 102). Clauses 2-5, 7, 10-12, 14-15 and 17-19 agreed to. Clauses 6, 8, 9, 13 and 16, amendments made and clauses as amended agreed to. Clause 20, amendment 24, negatived on division (182 to 307). Clauses 20-41, 43-44 and New clause 1 agreed to. Clause 42 disagreed to. Clauses 45-46 amendments made and clauses as amended, agreed to. New clause 6 negatived on division (167 to 313). New clause 9 negatived on division (104 to 317). New clause 30 negatived on division (77 to 390). Schedules 1-4 agreed to. New schedule 1 agreed to. Title, amendment made. Deputy Speaker resumed the Chair. Bill, as amended, reported.
Committee stage. Clause 1, amendment 46, debated with further amendments, new clauses and schedules and negatived on division (105 to 381). Clause 1, amendments made. Clause 1, as amended, agreed to on division (389 to 102). Clauses 2-5, 7, 10-12, 14-15 and 17-19 agreed to. Clauses 6, 8, 9, 13...
On a point of order, Ms Ghani. The hon. Member for Sutton and Cheam (Luke Taylor) just swore at my hon. Friend the Member for Runcorn and Helsby (Sarah Pochin).
On a point of order, Ms Ghani. The hon. Member for Sutton and Cheam (Luke Taylor) just swore at my hon. Friend the Member for Runcorn and Helsby (Sarah Pochin).
indicated dissent.
indicated dissent.
I beg to move amendment 46, in clause 1, page 1, line 14, leave out “not more” and insert “less”.
The presumption for a suspended sentence would apply to sentences of less than 12 months.
I beg to move amendment 46, in clause 1, page 1, line 14, leave out “not more” and insert “less”.
The presumption for a suspended sentence would apply to sentences of less than 12 months.
I oppose the whole idea of forcing courts to give suspended sentences when they should be sending offenders to prison. We all know that it is hard to get sent to prison in the first place, and judges and magistrates do not send people to prison lightly. In fact, they...
I oppose the whole idea of forcing courts to give suspended sentences when they should be sending offenders to prison. We all know that it is hard to get sent to prison in the first place, and judges and magistrates do not send people to prison lightly. In fact, they...
The right hon. Lady suggests that the Bill will bring law and order into question, but as a former prison officer I would say it was the previous Government running our prison system to a boiling point that nearly brought law and order crashing down, with fewer than 100 bed...
The right hon. Lady suggests that the Bill will bring law and order into question, but as a former prison officer I would say it was the previous Government running our prison system to a boiling point that nearly brought law and order crashing down, with fewer than 100 bed...
I thank the hon. Lady for making that point, although I would point out that under the last Government three prisons were built—HMP Five Wells, HMP Fosse Way and HMP Millsike—which added an extra 8,500 places. Three further prisons will also be built.
I thank the hon. Lady for making that point, although I would point out that under the last Government three prisons were built—HMP Five Wells, HMP Fosse Way and HMP Millsike—which added an extra 8,500 places. Three further prisons will also be built.
The active management of the prison service at those levels of occupation was of course hard work, but that hard work was absolutely necessary, and far preferable to simply taking a view that we will not have all those criminals in prison at all. The reality is that what we...
The active management of the prison service at those levels of occupation was of course hard work, but that hard work was absolutely necessary, and far preferable to simply taking a view that we will not have all those criminals in prison at all. The reality is that what we...
I agree with my right hon. Friend. This disgrace of a Bill will not be sending people to prison, and at the same time it will be letting people out of prison.
Amendments 46, 47, 51 and 52 would change the length of sentences that qualify for the “get out of...
I agree with my right hon. Friend. This disgrace of a Bill will not be sending people to prison, and at the same time it will be letting people out of prison.
Amendments 46, 47, 51 and 52 would change the length of sentences that qualify for the “get out of...
I am grateful to my right hon. Friend for making that point, because many of us will have examples in our constituencies of families who have been tragically affected by knife crime. Some go on to do amazing work to educate young people, but at the same time it is...
I am grateful to my right hon. Friend for making that point, because many of us will have examples in our constituencies of families who have been tragically affected by knife crime. Some go on to do amazing work to educate young people, but at the same time it is...
My right hon. Friend is absolutely right that this Bill removes a deterrent.
Repeat knife offenders are supposed to get a mandatory immediate custodial sentence of six months, minimum—not a guarantee, effectively, that they will evade prison because their sentence is 12 months or less. Why would anyone think twice about...
My right hon. Friend is absolutely right that this Bill removes a deterrent.
Repeat knife offenders are supposed to get a mandatory immediate custodial sentence of six months, minimum—not a guarantee, effectively, that they will evade prison because their sentence is 12 months or less. Why would anyone think twice about...
I understand and appreciate the effects of knife crime; we have all had cases in our constituencies that demonstrate the devastation that it causes. Does the right hon. Member agree that we should focus on rehabilitation, and on preventing people from carrying knives? Education on this issue is important. It...
I understand and appreciate the effects of knife crime; we have all had cases in our constituencies that demonstrate the devastation that it causes. Does the right hon. Member agree that we should focus on rehabilitation, and on preventing people from carrying knives? Education on this issue is important. It...
Rehabilitation is key, but so is prison. Prison for people who have committed crimes is essential. Prisons are about removing a danger from society.
Rehabilitation is key, but so is prison. Prison for people who have committed crimes is essential. Prisons are about removing a danger from society.
We hear a lot about rehabilitation from Labour Members, and we hear a lot about recidivism. The most likely spur for recidivism is letting people out who will continue to do harm. We will be told by the Government that those people are being let out on licence, so will...
We hear a lot about rehabilitation from Labour Members, and we hear a lot about recidivism. The most likely spur for recidivism is letting people out who will continue to do harm. We will be told by the Government that those people are being let out on licence, so will...
My right hon. Friend makes his point clear. The Minister was listening, and I hope that he will answer that question in his remarks.
People cannot seriously think it is acceptable for those who commit offences involving firearms or ammunition, or even those who commit terror-related offences, to be eligible for...
My right hon. Friend makes his point clear. The Minister was listening, and I hope that he will answer that question in his remarks.
People cannot seriously think it is acceptable for those who commit offences involving firearms or ammunition, or even those who commit terror-related offences, to be eligible for...
Eighty per cent of offenders are reoffenders because of the 14 years of mess that this Government are having to clear up. The real travesty of justice is that there are no prison cells available for people who are convicted. The last Government failed to build the prison places that...
Eighty per cent of offenders are reoffenders because of the 14 years of mess that this Government are having to clear up. The real travesty of justice is that there are no prison cells available for people who are convicted. The last Government failed to build the prison places that...
I am glad that the hon. Lady raised that point. When I was brought back into the Cabinet Office, people in the left-leaning civil service, in the Ministry of Justice, said, “Let’s let people out of prison. It’s running too hot.” Thankfully, I stood firm and said no, and so...
I am glad that the hon. Lady raised that point. When I was brought back into the Cabinet Office, people in the left-leaning civil service, in the Ministry of Justice, said, “Let’s let people out of prison. It’s running too hot.” Thankfully, I stood firm and said no, and so...
On that point, will the right hon. Lady give way?
On that point, will the right hon. Lady give way?