from article in OP
"Leila Le Fey, 40, admitted brandishing the weapon at shop manager Enoch Adetayo after entering a Budgens store in Brighton in a bid to steal wine at 4am on November 6 last year. She was sentenced to six months in prison, but this order was reversed when Judge Stephen Mooney heard that she did not have certified evidence of her gender reassignment and would have to be sent to a male-only jail. The only way Le Fey could ‘prove’ her new gender would be an ‘undignified examination’, which court staff were not prepared to do, her barrister Rebecca Upton said at Lewes Crown Court.
The shoplifter would not be kept in solitary confinement and would be vulnerable in this situation, she added. (continues)
Judge Mooney said ‘issues had arisen’ and acknowledged that ‘we live in a society which acknowledges and embraces diversity and allows and encourages people to live the life they want to’.
He continued: ‘Sometimes society does not make the necessary or appropriate adjustments in all ways it can to reflect the adjustments of society as a whole. “Having reflected again upon the impact an immediate custodial sentence would have, the difficulties there are and the intractable problems the prison service would face, I have reconsidered whether imprisonment must be immediate.’
metro.co.uk/2020/02/27/transgender-shoplifter-spared-jail-no-way-confirm-gender-12314791/?ito=cbshare
Presumably such a decision will only apply to males who identify as transgender found guilty of sentences usually requiring prison sentences since females who identify as transgender are housed in the female estate for their safety?