James Kirkup: Why was a transgender rapist put in a women’s prison?

[TimeLady]

blogs.spectator.co.uk/2018/09/why-was-a-transgender-rapist-put-in-a-womens-prison/

Spot on again, James. Thank you.

Does anyone know how judicial review works? Could it be used to challenge the legality of the decision to place this violent rapist in a women’s prison?

We're gonna need a bigger spreadsheet.

Or boat, even.

It was a deliberate Jaws reference, wasn't it? One of my favourite "Blimey, this is really much more of an issue than I realized" quotes.

This could and should definitely be subject to judicial review

On so many grounds

I wonder if there is any legal assistance available to the women in the prisons? Does anyone know if there is a charity which might promote this?

There is a charity called Women in Prisons.

Floral - yup! I think a Jaws reference is apt.

The shark gets it in the end

Thanks
I think I may email them

GetOffMyTERF

Yes, it's a challenge to a decision of a public body, which must be brought within 3 months at the latest, on the basis that the decision was

a) irrational (so irrational that no reasonable body could have made it)
b) unlawful
c) procedurally improper, or
d) a breach of human rights

I think there's certainly scope for JR in there, but it would need to be brought by one of the women affected.

LOVE. Thank you, James. I subscribed to the Spectator on the strength of this series.

But surely you'd do a JR to reverse the decision. Which has been reversed anyway now. Is this more public enquiry?

Thank you Laura. Certain I was thinking that a JR might be able to establish case law that placing people in prisons for the opposite sex is unlawful and shouldn’t be allowed. I agree that it needs a charity to lead it - ideally one like the Howard League or Prison Reform Trust who have a track record in bringing successful JRs for unfair treatment of prisoners. I suspect it would have to be a women’s organisation though.

Thank you once again James.

Prison policy says prisoners should generally be housed in the estate that matches their expressed gender, subject to a review by a Transgender Case Board following rules drawn up after a review partly run by an organisation called Gendered Intelligence, one of a handful of small trans rights groups that enjoy an interesting level of access and influence in Whitehall.

I hope he'll do more on the influence these groups have. As well as the links between various individuals, as has been set out on these boards and twitter.

The network of 'interesting' individuals is more a bit of investigative piece of reporting rather than a political commentary column. Maybe Gilligan might pick that up. Or The Mail/MoS have a strong investigative team.

Frances Crook from the Howard League is GC - I'm hoping that she will say something about this case soon